Money & Debt

Debt caused by identity theft can appear in different kinds of court cases.

Identity theft may be involved in:

• A collection lawsuit against the victim of identity theft,
• A collection lawsuit that names the wrong person, or
• Another type of court case.

Start by reviewing the court papers to understand what type of case was filed.

Look at who is listed as the plaintiff. A person or party that starts a lawsuit The plaintiff is the business or person trying to collect the debt. In many cases, the plaintiff is a debt collector. A person or company that regularly collects debts owed to another person

Next, look closely at who is listed as a defendant. The person or organization being sued in a lawsuit A named defendant may be:

• The victim of identity theft, or
• A person whose name was used by mistake on the court papers.

Use the steps on this page if the court papers:

• Were not filed by a business or person trying to collect debt, or
• List a person whose name was used by mistake on the court papers as the defendant.

If the court papers list a business or person trying to collect debt as the plaintiff and list the victim of identity theft as the defendant, learn what to do in Respond to court papers about collecting debt from identity theft.

Responding to the court case is necessary to explain why the lawsuit is incorrect. This is usually done by filing a motion to dismiss under section 2-619 of the Illinois Code of Civil Procedure in:

• Lawsuits involving debt caused by identity theft Wrongfully obtaining and using another person’s personal data. that are not consumer debt collection cases, and
• Consumer debt cases that list the wrong person as the defendant. The person or organization being sued in a lawsuit

Use ILAO’s Motion Easy Form to prepare the motion or download a blank motion form from the Illinois Supreme Court.

The motion title explains:

• What the judge is being asked to do, and
• The type of motion being filed.

Examples include “Motion to dismiss (2-619) due to mistaken identity” or “Motion to dismiss (2-619) due to identity theft.”

The main part of the motion explains:

• That there is a legal problem with the lawsuit,
• What the problem is, such as suing the wrong person or debt caused by identity theft,
• How other court papers or documents support these points, and
• Why the case should be dismissed. Cases dismissed with no further action anticipated.

All problems the judge needs to know about should be included in the motion.

Complete the remaining sections of the motion form, including the proof of service, A form that explains how court papers were given to someone in a court case except for the delivery date.

Supporting papers are usually required to prove the claims made in the motion A request to the judge to make the court or a party in the case do something to dismiss.

Supporting papers may include:

• An affidavit A notarized written statement signed by a person under oath stating facts that show why the lawsuit is incorrect, and
• Documents that support the claims, such as police reports, emails, contracts, identification records, or other correspondence.

It may help to create a list matching each claim in the motion to the evidence Anything used to show that something is true that supports it.

Make copies of the completed motion A request to the judge to make the court or a party in the case do something and all supporting papers.

Review the copies and remove personal information that must not appear in court filings. Illinois Supreme Court Rule 138 requires removing all but the last four digits of:

• Social Security numbers and taxpayer identification numbers,
• Driver’s license numbers,
• Financial account numbers, and
• Debit and credit card numbers.

Keep copies of both the original documents and the redacted versions.

Complete the delivery date in the proof of service A form that explains how court papers were given to someone in a court case section of the redacted motion.

E-file  the redacted motion and supporting papers in the court case. If this is the first filing in the case, it may also be necessary to:

• File an appearance, and
• Pay filing fees or ask for a fee waiver.

Follow the motion filing instructions from the Illinois Supreme Court. Help with filing is available from Illinois Court Help and the clerk’s office in the court where the lawsuit was filed. Help with filing is available from Illinois Court Help and the clerk’s office in the court where the case was filed.

A hearing When the parties in a case present their sides of a case to a judge or other officer date is required for a judge to decide the motion. Some counties provide a hearing date during e-filing. Short for "electronic filing." You file court papers using a computer instead of handing them to the clerk in person. This is required in Illinois as of 1/1/18. Other counties provide the date after filing.

Once a court date is set, complete a Notice of Court Date for Motion and e-file it.

Deliver the following papers to the plaintiff A person or party that starts a lawsuit or the plaintiff’s lawyer Someone who represents clients in courts or who gives legal advice and any other required parties using the delivery method listed in the proof of service: A form that explains how court papers were given to someone in a court case

• The redacted motion,
• The redacted supporting papers, and
• The notice of court date.

Attend the court hearing. When the parties in a case present their sides of a case to a judge or other officer The hearing may be held in person or by video.

The plaintiff A person or party that starts a lawsuit may:

• File a written response A formal written answer to the plaintiff or petitioner's written statement disagreeing with the motion,
• Ask the judge for more time to respond, or
• Agree to dismiss the case.

If the plaintiff does not agree, the judge will decide whether to grant the motion. This may require attending more than one court date.

After the motion is decided, obtain a copy of the court order. The court order can be used later as proof that the lawsuit was based on mistaken identity or identity theft. Wrongfully obtaining and using another person’s personal data.

Learn more about presenting a motion in court.