i received a Summon (Sum-100) for a debt collection. However, I am suffering from an identity theft. What processes must be done to be take off debt?

Asked 10/1/2009 under Bankruptcy | 200 View(s) | More Legal Topics

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If this debt isn't yours, you'll have to respond to the summons, and go to court.  If the amount is significant, I'd recommend hiring a lawyer.

Once you deny that it's your debt, the plaintiff will have to prove that you and not somebody else did this in your name.  Since this is a civil case, they don't have to prove it beyond a reasonable doubt, but they still have to prove it;  if they have an application with a signature, you'll have an opportunity to show that the signature isn't yours.

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