Approximately 12 years ago, I became aware that I was a victim of identify theft. In April of 2003 a third-party debt collector (not affiliated with Direct Merchant) by the name of Michael Taylor from Athena Funding Group contacted me via telephone advising me that; I had a delinquent account with Direct Merchant credit card and a monetary debt was owed. I was alarmed by this telephone call and promptly started asking Michael Taylor questions.
During the first initial phone call Michael Taylor provided me with some of my correct personal information, such as, spelling of my name and social security number, however, the mailing address he had on file was utterly “incorrect”. He stated, “You reside at (((REDACTED))) Terrace, Miami, FL 33127”. I clarified to him the address he had on file was completely incorrect and it was unfamiliar to me. I promptly realized that someone unknown to me made purchases on a credit card that I never had in my possession. I then explained to Michael Taylor that I never applied for a Direct Merchant credit card nor was it in my ownership. Even though I was completely candid with Michael Taylor he still insisted that I owed him this debt. Also, after the telephone conversation I wrote his company a formal letter explaining that I was a victim of identity theft. Later I was advised by an attorney to pick up a packet from the state attorney’s office called, “When bad things happen to your good name“. From that day forward my life changed and being a victim of identity theft has haunted me till this day.
I proceeded by (procedures from the packet):
I went through all the proper protocol, but Athena Funding Group subpoenaed me for a court date. I attended the pretrial on May 20, 2003 and declined/refused to settle the debt in the amount of $1,423 dollars that was unlawfully not obtained by me. Months later on August 5, 2003, I attended my court hearing, and found out it was actually set the day before on August 4, 2003. Unfortunately for me, because of my absence the Judge Katherine Pooler ruled in Athena Funding Group favor. This ruling was not fully based on the “preponderance of the evidence”, given by both the plaintiff and the defendant because of my absence regrettably. After the judgment I sought out counsel and was advised by Attorney Morris DuPont to file bankruptcy. I explored other attorney’s and they advised bankruptcy as well but I declined.
As I continued researching my credit reports revealed that there were other credit card accounts that were also obtained without my consent. I disputed all of the accounts, including the Direct Merchant credit card, and it was removed off of my credit reports i.e. Trans-Union, Equifax, and Experian. Overtime I’ve submitted countless appeals in order to present my evidence in formal court of law, but it has not been granted.
Years later on Aug 8, 2005 I was involved in a horrible auto accident, in which I nearly lost my life and my vehicle was totaled. I was supposed to be granted a compensation check of $4,400 dollars for the value of my vehicle from Geico car insurance. I was informed by Geico car insurance that Athena Funding placed a lien on my vehicle, which caused me to be unable to retrieve compensation for my accident. I tried my best to explain to Geico insurance company about my identity theft issues, but it was not resolved.
Many years passed, and in 2013/2014, I received letters in the mail from Athena Funding Group titled, ”Interrogatories and Production Request” (asking for my assets). I decided to call Geico car insurance to see, what was concluded with my accident back in August of 2005. I was informed that a settlement was made to Michael Taylor of the Athena Funding Group for the amount of $1950.58 dollars, on August 3, 2006. I sought out counsel from Jennifer M. Barrow, Esq., to represent my case. She contacted Michael Taylor of Athena Funding Group and proposed to him:
Michael Taylor declined the proposal and Jennifer M. Barrow decided she could no longer represent me. On February 10, 2015 I was summoned to attend teleconference hearing by Michael Taylor of Athena Funding Group. I was present at this hearing and was able to tell honorable Judge Lourdes Simon my accounts of this case. Judge Lourdes Simon decided, because of my testimony she would look further into the case file from August of 2005. On July of 2015 I returned to court for a second hearing with Judge Lourdes Simon and my original case file from May/August of 2003 could not be located. Therefore the judge ruled in Michael Taylor of Athena Funding Group favor and ordered me to fill out a facts sheet.
In conclusion, being a victim of identify theft has caused tremendous amounts of pain and suffering (mentally, physically, and monetary wise). Furthermore it’s affected:
I was raised with morals and views in which I continue to apply to my life today. I would like an opportunity for my truth to be heard and the evidence will speak for itself. I am innocent and I am the victim in this case. Thank you in advance, for taking the time to read my letter I have faith this too shall pass.
Lisa
Miramar, Florida