Legal Question in Credit and Debt Law in Michigan
Identity Stolen, Fighting Collection
Someone opened an account with a personal loan company and received a $1500 check in my wife�s name. The identity thief used an address, in the city of Detroit, which is unkown to us. My wife has lived at the same address, in a home we own in a distant suburb throughout the period the thief dealt with the loan company.
My wife was served for small claims court in Detroit�s 36th district court. The claim included a copy of a cancelled check payable to my wife and endorsed (a forgery) by my wife. A layman should be able to ID the signature as a forgery.
My wife filed a police report regarding the false items on her credit reports. The plaintif lawyer was contacted by my wife but he hasn�t been interested in discussion. The bench trial is scheduled for June 20th. My wife is scheduled for surgery on June 16th and her Dr. says she must have a 4 weeks for recovery. The court will not allow us to apply for an adjournment (�only the plaintiff can�). We sent the Dr.�s letter to the plaintiff asking him to adjourn (or just drop it) but he hasn�t responed.
It seems the plaintiff believes he can win no matter what the truth. What is the likelihood? What can we do to protect ourselves?
2 Answers from Attorneys
Re: Identity Stolen, Fighting Collection
Since the trial is not scheduled until June 20, 2005, the Plaintiff's attorney still has time to respond to your request for an adjournment. I strongly advise you to hire an attorney.
Good luck.
Re: Identity Stolen, Fighting Collection
If you need assistance, I would like to go over the facts more carefully in this identity theft case.
Please call me at (248) 679-1552.
Rochelle Guznack
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