CLIENT’S “FRIEND” USES HER IDENTITY TO BORROW $80K CREDIT CARDS;

CREDITOR PUTS LIEN ON CLIENT’S HOUSE FOR $16K IDENTITY THEFT CREDIT CARD

Two clients with issues relating to known and unknown persons who used their names and social security information to borrow credit card in their names. The first client is 51 years old and married. She met this person who became her “friend”. Let’s just call the “friend” Ms. Crook. Client is a relatively new immigrant to America having arrived here 8 years ago. Ms. Crook is introduced to her by a trusted person who says that Ms. Crook wants to buy a piece of jewelry from JC Penney but can’t get credit. Mrs. Crook convinces client to go with her to JC Penny to open an account in client’s name. Since client speaks no English, Ms. Crook serves as the interpreter giving the personal information of client to credit person on the phone that is checking out the creditworthiness of client. So as Ms. Crook translates all of the personal information, she is able to get client’s social security number, home address, and all the other good stuff about client.  After the account is opened, Ms. Crook points to a pair of earing costing $2K that she wants to buy to be charged to client’s account. Client doesn’t speak English, so Ms. Crook is the one talking to the JC penny jewelry sales rep. The rep rings up the purchase and Client signs for the purchase on her newly opened account. The package is given to Ms. Crook and they walk out of the store together.

After a month, client receives a statement from JC Penny showing that she owes about $12K for the purchase of 4 separate pieces of jewelry. She tells me that she will only pay for the piece of jewelry that she agreed to buy for Ms. Crook. That piece of jewelry is only $2K. She won’t pay for the other $6K of jewelry. I told her that’s not possible, because she signed the purchase at the store. As long as she signed for it, she’s liable on the purchase. She can sue Ms. Crook for $8K if she wants to, because Ms. Crook defrauded her. Clearly Ms. Crook took advantage of her inability to speak English and trust as her “friend” to buy $12K of jewelry but made it appear to her that she was only helping her buy $2K of jewelry. Sorry to say, client was a sucker for a con game.

3 months after, client received statements from 10 credit cards that she never applied for, with total purchases of $70K! Looks like Ms. Crook went on a shopping spree, using client’s social security, name and good credit to open $70K of new credit card debt! She gets more than 30 calls a day from creditors that she has never contacted before, all collecting past due accounts from her. It certainly looks like a massive fraud perpetrated by Ms. Crook on client. I tell client that I can contact each credit card company to inform them that this is a case of identity fraud, and she would be required to report this matter to the police. But for the JC Penny account for $12K, she’s on the hook for that one. I also told her to sue Ms. Crook. However, client tells me that Ms. Crook has left the country and is nowhere to be found. I told client that, she can also get a fresh start by discharging the $82K with a Chapter 7 bankruptcy. Client agrees that this is the most effective and simplest way to solve the chaos caused by Ms. Crook. I warned client never to give her social security number and personal information to anyone, or the same thing is going to happen again.

The second client is 85 years old. She’s been here for a long time but can’t speak English. She owns a house in Los Angeles. She was in the process of transferring ownership of the house to her children when she found out that there was a judgment lien for $16K on her fully paid residence. Apparently, it was made to appear that she was served with summons and complaint to collect the $16K owed to Discover card, in her name 3 years ago. A judgment lien subsequently ensued that attached to her residence. Client has never applied for any credit card in her whole life. Now she wants to get rid of the lien. Is it possible to do so? Sure it is. Since the judgment arose from an identity theft claim, she will win this lawsuit on the merits after the judgment is vacated. She would have to vacate the judgment on the ground that she was never served with summons and complaint. The proof of service made it appear that she was served on a certain date at a specific place. The truth is on that date, client was in the hospital and she had the medical records to prove it. Since she was never served with the summons and complaint, she can file a motion to set aside or vacate the judgment because the court never acquired personal jurisdiction over client. There will be a hearing set for this motion. When the court grants the motion to vacate or set aside judgment, the lien will also be ordered removed.

Unfortunately, because of original sin, man is in a fallen & corrupted state, and the devil, Lucifer and his demonic minions are always prowling around, tempting people to fool other people. We are indeed fortunate that Jesus Christ, the one and only beloved Son of the one true God, Yahweh, who loves us so much that he sent his one and only beloved Son, Jesus Christ to die for our sins, to die for us, to redeem us and rescue us from this fallen and corrupted state. We are indeed fortunate that Jesus Christ also loved us so much that He agreed to follow the will of His Father, and willingly died for us on the cross, because the weight and extent of our sins as humans is so great that only the Son of God could intervene for us.

“FOR IT IS BY GRACE YOU HAVE BEEN SAVED, THROUGH FAITH--AND THIS NOT FROM YOURSELVES, ITH IS THE GIFT OF GOD.” EPHESIANS 2:8

Lawrence B. Yang is a graduate of Georgetown University with a Master’s Degree in Law and specializes in bankruptcy, business, real estate and civil litigation.  He speaks English, Mandarin and Fujien and has successfully represented thousands of clients in California, including companies overseas.  Please call Angie, Barbara, or Jess at (626) 284-1142 for an appointment at 1000 S. Fremont Ave., MAILSTOP 58 BUILDING A-1 SUITE 1125, Alhambra, CA 91803 OR at 20274 Carrey Road, Walnut, CA 91789.