Legal Question in Civil Litigation in Texas

mistaken identity and defamation of character

I had a box of checks stolen from me. The person or persons who did this wrote and passed the checks

to several merchants,one in particular,who has

harrassed me for months. Being a cancer patient,this

has caused me great mental anguish and emotional stress. I have done all I could to rectify the

situation(sent documentation from me and my bank)

and yet,just a couple of weeks ago I got a letter

stating a warrant for my arrest would be issued.

I even have copies of the checks with an out of state

I.D.used by this criminal! My credit rating is no

longer in good standing(before,it was A+).What can I do to show this company that they can not treat

innocent people in this manner and get away with it?

I feel I have a valid case. Do I have any recourse?

checks


Asked on 1/10/02, 4:44 pm

1 Answer from Attorneys
Joseph A. McDermott, III Attorney at Law

Re: mistaken identity and defamation of character

If you can show that the merchant continued to try and collect from you after he knew that the check he was given was stolen, you can possibly recover under consumer protection statutes and for fraud. The question is, other than your hurt feelings, which I do not minimize, what are your damages? Can you trace your fallen credit standing to this merchant's acts? And if so, it's likely that the credit bureaus would repair your standing based on a showing that you were not responsible for the hot check.

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Answered on 1/10/02, 6:06 pm


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