If you are a victim of identity theft, do you have to file for bankruptcy? Can you even file for bankruptcy?
Last week I received a call from someone being sued by Midland Funding, LLC. She even had a pre-trial conference scheduled in her case for October 15, 2019.
When she realized who Midland Funding was, her response was “I don’t have to go that because that was an identity theft issue from years ago.”
Unfortunately, she better go if not a default judgment will be issued against her which could result in wage garnishment, bank accounts frozen, or even liens on personal property whether a car or home.
Hopefully, she can resolve this and prove to Midland Funding that this issue was resolved with the original creditor, but not every case ends up this way.
I’ve had clients in the past that had no choice but to file for bankruptcy because of identity theft, where it was so time consuming and expensive, that filing for bankruptcy was the best and easiest option to move on.
Twice I’ve represented sons whose estranged fathers with the same name was using their identity, including one who was facing multiple foreclosures and was having his wages garnished. Having been recently married with a child on the way, he wanted to move on with his life to buy a home for his new family.
Unfortunately, anyone of us can be a victim of identity theft, so your best bet is to use services such as notifications if new accounts are opened in your name, or your credit card company notifying you about purchases.
Worried about your finances? Need a fresh start and are considering filing for bankruptcy? Contact attorney Alex Hernandez for your free consultation.
Representing clients in the areas of Chapter 7 Bankruptcy, Family Law/Divorce, and car and motorcycle accidents for 20 years.
(904) 712-5565 or (305)-688-LAWS (5297).
*Se Habla Español