Legal Question in Credit and Debt Law in New York

ID theft and credit card debt

Our bank account:checking and savings as well as safety deposit box were just siezed on a levy from Amex on a credit card we never had. Card was supposedly in my wifes name. All accounts are joint and the Law Firm for Amex is not answering my letters for discovery. I filed a show cause order because the address they supposedly served my wife is no where near where we lived. I also found out through Plantiff's Para legal that the charges were incurred in 2000 and they tried serving her at that address in 2006. All my accounts are frozen and I am in financial hell. The only thing that I know of is that they have my wife's Social Security number. I have a court date of May 17th, 2007 but shuld I tell the judge of lack of cooperation on Discovery, file for SOL, and or change of Venue to the county where I reside to free up my monies. And can I recover my expenses from the Plantiff when this is over.. The last action on this account was Febuary 2001. Why did they wait this long to contact us when they had wifes Social Secuirty number. Right now as it stands we are out $500 even when she is cleared of levy. Please help!!!! THe levy was file in Nassau County, I have lived in Suffolk county for last 20 yrs. They have a Nassau address?


Asked on 5/04/07, 4:16 am

2 Answers from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: ID theft and credit card debt

File an immediate Order to Show Cause if that is not what the Court date is for.

Good Luck

RRG

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Answered on 5/04/07, 7:28 am
Jessica Claus

Re: ID theft and credit card debt

It seems that your wife may have been a victim of identity theft. I would suggest you file a police report and go to www.ftc.gov and fill out an identity theft affidavit. You should also contact the attorneys for the creditor and advise them that is a case of identity theft. Also advise the court of this situation at the appearance. If the appearance is for an Order to Show Cause, your bank problems will likely be taken care of that time.

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Answered on 5/04/07, 11:33 am


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