Legal Question in Credit and Debt Law in Pennsylvania

some one put a car in my name in 2000 with out me knowing and ther was judgement place agasint me for the amout of 38,000 and my DL was suspendend what should i do


Asked on 4/14/10, 1:09 pm

2 Answers from Attorneys

Matthew Nahrgang Nahrgang & Associates, P.C.

Since the rules of civil procedure follow the due process clauses of the US and PA constitutions, it is confusing how the judgment was entered without your knowledge. Nonetheless, if that actually occurred, you can file a Petition to Strike the judgment on that basis. You must given notice of a lawsuit against you and the opportunity to defend yourself.

Alternatively, as you probably have no defense to the case even if the judgment were stricken, you should consider a bankruptcy. If you qualify for that, it will void the judgment and end the suspension.

I am more than happy to advise you further on this on a free initial basis.

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Answered on 4/19/10, 1:48 pm

#1 - RUN to the police station and report the identity theft, and get a complaint opened against those unknown felons.

#2 - Contact DMV and tell them it was not your purchase, and there was identity fraud, and demand they fix this or at least give you a hearing date. If you get to talk with an attorney for DMV, that is a GOOD thing, because you can explain the suspension w/o even the opportunity for a hearing first.

#3 - Check your credit reports, and IF it shows up, IMMEDIATELY write to all credit reporting agencies, tell them this is NOT your debt, demand they immediately investigate and remove it.

#4 - Contact the dealer that said you purchased a car, I'd drive over, and ask them to verify it was not you that purchased the vehicle and correct it immediately. Tell them you are assuming they were not part of the identity theft, and that they want to find the person(s) actually responsible, but it they refuse to do anything, tell them you will have to sue them, find out how they could have acted reasonably and still been fooled. Demand a copy of ANY and ALL of the paperwork related to the transaction, proof and copy of the deposit, for the transaction, ask if they have a picture of the purchaser (they very often take a picture of new deliveries to the smiling new purchasers), etc. etc. If it WAS your purchase, you should be entitled to the paperwork, right! If they do not correct their error in not properly verifying it was actually you purchasing the vehicle, you have to sue them.

--- You should be able to do all these things within 2-3 days. Get pissed, and get going. Give any info you get from the dealer to the police. Call the police every 14 days, "the squeaky wheel gets oiled", is a true saying!

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Answered on 4/20/10, 7:46 am


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