Know that you will likely need to go to court to defend yourself in the lawsuit. You will have to speak before the judge, or testify. Depending on the court where the suit was filed, you might get documents that request certain information from you. This is called discovery. If this happens, seek the advice of an attorney.
The court might even require that you fill out another identity theft report. After you complete these steps, the court might agree with your argument that you are the victim of identity theft, and might dismiss your case. A dismissal can happen in two ways. If it’s dismissed with prejudice, the creditor can’t sue you again for the same debt. If it is dismissed without prejudice, the creditor can sue you again for the same debt.
If the suit is dismissed without prejudice, you might need to file an identity theft claim in court under Chapter 521 of the Texas Business and Commerce Code in order to remove your responsibility to pay the debt. Chapter 521 of the Texas Business and Commerce Code is a state law that authorizes a person to seek an order declaring that person to be an identity theft victim. This court order can then be used when disputing the fraudulent debt.
Tip: Seek legal help for filing an identity theft claim under Chapter 521 of the Texas Business and Commerce Code. See List of Domestic Abuse and Legal Resources.
