How do I find out if there are lawsuits against me for supposedly committing fraud for failure to repay loans?

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How do I find out if there are lawsuits against me for supposedly committing fraud for failure to repay loans?

I have been contacted by 4 different loan agencies informing me that I owe them money and all have my personal information, such social security number, birthday, mailing address, and so on. The problem is that I have never received any money from the loan agencies and I have never even heard of them. The agencies may have gotten my information via the internet because I did apply to several loans. Only 1 agency granted me a loan and my account is in good standing with them. So far my credit report is clean.

Asked on August 5, 2011 California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ok well this is what you need to do first.  You need to call back the loan agencies and ask for the loan number and for their name and address.  Then you need to write a letter and send it by certified mail to each agency requesting a copy of the original loan document (fully executed with your signature on it), a copy of the check paying it out (cancelled) and a payment history on the loan.  You need to figure out if someone forged your name and stole your identity.  Once you have the documentation you need to get help disputing the loans.  You can also check the court records in the county in which you live in if any lawsuits have been filed against you.  If the courts are computerized - and I am sure that they are - then you would just put in your name and run a search.  Good luck.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This sounds like a scam since you don't have loans with the other  agencies and your only loan is in good standing.  You might want to contact the CA Attorney General's Consumer Fraud division regarding this situation.

As for potential lawsuits filed against you, you would receive notice of a lawsuit by being served with a summons and complaint (the complaint is the lawsuit attached to the summons). 

If you knew in which court a lawsuit was filed and knew the case number, you could go to that court and give the case number to the court clerk and ask to see the file.  You can't remove the file from the court, but can have it photocopied by the court clerk.  

If you don't know the case number, but know in which court a case was filed, you can go to the court and look in the court's computer to find your name under defendants and obtain the case number.  Once you know the case number, you can then give it to the court clerk and ask to see the file as mentioned above. 


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