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Joseph, Lawyer
Category: Legal
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Experience:  Attorney with significant and substantial experience in multiple areas of law.
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A private investigator in a background check found three (3)

Resolved Question:

A private investigator in a background check found three (3) judgments, only three in my entire life which apparently were obtained by fraud. They are 20 years old and for the first time I am reading the court summaries on them. The original court files are destroyed. They all happened in 1993-94. I believe I am the victim of identity theft. I never received the Summons and Complaint on them. It is not in my character to ignore or neglect such things. I also see at the same time I am reported as living in Torrance, CA where I never lived. How do I erase these civil judgments for fraud. File an identity theft claim and make a police report?
Submitted: 11 months ago.
Category: Legal
Expert:  Joseph replied 11 months ago.
Hello,

I'm sorry to hear about your situation and hope I can help.

My name is XXXXX XXXXX my goal is to provide you with excellent service today.

I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.


Do you know if these judgments have been renewed against you at all?

Did you have a private investigator look into this for you or was the background check conducted for a particular reason?
Customer: replied 11 months ago.

They were not renewed. I actually hired the private investigator to find someone for me and we were just talking about how many clients he has who do background checks on themselves before they look for employment so they know what the employers will see.

Expert:  Joseph replied 11 months ago.
Hello Eileen,

Since the judgments were never renewed they would not affect your credit in any way. It's possible that they would show up on a background check for a job, although since they are 20 years old, that is still very unlikely to happen, since it's unlikely the court will look that far back. Additionally, except in rare circumstances it is illegal for a California employer to discriminate against an employee based on his or her credit history (including judgments).

It's quite possible, also, that the judgments that are 'against you'are not actually against you, and are actually against someone else with the same name as you.

All that said, while you could contact the police to make a report of identity theft, it's unlikely they would be able to take any action, since:

1) there's no actual proof that you were the victim of identity theft

2) the statute of limitations on identity theft has long since passed criminally, so they wouldn't be able to prosecute even if they found evidence of identity theft.




The only way you can get these judgments completely eliminated would be to file a motion to vacate the judgments in the courts in which they were originated. You can file the motion based on identity theft, but can also do them based on them being time barred judgments, since in order to collect on them they would have needed to have been renewed within 10 years after the judgments were entered.



I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 5028
Experience: Attorney with significant and substantial experience in multiple areas of law.
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