A consumer in California had a big win under the FDCPA recently in the case of Richard Washington v. City Title Loan LLC. In that case the plaintiff, Mr. Washington was the victim of identity theft. A fraudster used Mr. Washington’s personal information to take out a loan in the amount of $7,500.00, using Mr. Washington’s own car as collateral for the loan, the fraudster then ran off with the money.
Mr. Washington’s car was later towed for non-payment of a loan that he never took out in the first place. The creditor on the loan continued to seek repayment on the loan even after taking Mr. Washington’s car and even after Mr. Washington made repeated efforts to explain to them that he never had any such loan and he did not owe the money. Hardly unusual for debt collectors, they simply ignored him and continued to demand payment. Mr. Washington subsequently filed a claim against the creditor for claims including the FDCPA and was given nearly $120,000.00 in the judgment.
Our office has helped many identity theft victims in the past and we would like to help you as well. If you think you have been the victim of identity theft, contact a lawyer, be it our office or another law firm. The company which harassed Mr. Washington did not care that he did not owe the debt, all they cared about was their money. While it does work on rare occasion, it can be exceedingly difficult to talk a debt collector into leaving you alone if your identity was stolen though by the time that they have a lawsuit in hand they tend to take the matter a bit more seriously.
If you believe that a debt collector is attempting to collect a debt from you that you do not owe, you should contact a qualified attorney immediately.
For more information about FDCPA, please visit our website here.
Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems. We have saved over 1,800 homes from foreclosure, eliminated $100,000,000 in mortgage principal and consumer debt, and have collected millions of dollars on behalf of our clients due to bank, loan servicer, and debt collector violations, negligence and fraud. Contact us for a free consultation to see how we may be able to help you.
This document has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorney in connection with any legal issues related to the matters discussed in this article as the applicability of state, local and federal laws may vary.