How can I prove this rental agreement is not mine in court?

Question

In 2004 a copy of my Driver's License, Social Security card and Birth certificate were stolen from the outgoing mailbox at my apartment complex and so I put a fraud alert on my credit reports.

3 years later (now), I recieved a copy of my credit report and it has an apartment listed in my name that I've never rented before. I contacted the collection agency to dispute this. I told them that I've been at my current address for over 4 years and have rental documents to prove it. He said that being able to prove where I've lived over the past 4 years doesn't mean anything because people have many different addresses.

I've disputed this with all 3 credit bureaus as well. My question is how can I prove that I did not lease this apartment. The rental contract that was mailed to me has ALL of my information regarding my employement, emergency contact info and current address on it. The signature even looks exactly like mine.

I have check stubs for the last 4 years with my address on it as well as bank statements with cleared checks for my rent for 4 years, tax return for 4 years, cable/ telephone bill. I can prove that I've never had a utility bill at the apartment they have claimed I've rented.

From looking at the rental agreement it seems as if someone who really know me did this because they have info. that only I or someone who really know me, would know. I have had many friends and family living with me over these 4 years whom I've had to put out but I have no contact with these people anymore and can't say for sure that one of them would have done this. I want to take this to court but don't for sure that I can win this becuase they do have a rental agreement with all my info. and a FAKE signature that looks like the real thing.

What can I do to prove that although the rental contract does have my info. on it, I did not give it to them nor sign the contract and to remove from credit report?

These documents were copies and not the originals that I was mailing to an employer for home-based work to prove that I can work in the US, so I did not need to get new ones. The outgoing mailbox for my apartment unit was broken into/opened, not my individual mailbox so the police said I did not need to file a report being that It was not my individual mailbox that was broken into.

I reported it to the apartment manager who does not work here anymore.

Is putting a fraud alert on my credit report the same thing as filing a theft ID report? because I did put a fraud alert on my credit report and have a copy of it.

Answer 1

You should have filed an identity theft report in 2004. If you didn't, proving it now is going to be VERY difficult. You can ask for photo identification from the rental people at the so-called rented apartment. Unless they can positively identify you as the rental party, that will help with your rejection of this charge. Other than that, you are possibly going to need an attorney.

Answer 2

You're a victim of Identity Theft regardless whether by some one you know/knew or theft of mailbox. Check out those sites and links. Putting a credit alert out is NOT enough.
Write a letter to Landlord/Rental Agent AND the Collection Agency denying ALL liability for the lease, with a succinct, organized defense. It needs to be more coherent and organized than your postings here to be effective. Advise them that you never visited, rented, nor occupied the premises. Notify them of the document theft and credit alert being filed. Advise them that you have rented other premises for more than 4 years and can provide witnesses to that effect. (Don't provide them now, but They would be your landlord/leasing agent, neighbors, friends). You might call and find who dealt with the tenant and get a description of that person impersonating you, to see if it's some one you know. You can encourage landlord to file Theft by Deception charges. You should be able to make the Landlord/Rental agent and Collection agency give up by your persistence, but you need to go past that to protect yourself. This could repeat itself.
I think this will go away if you persist in denials. If this gets to court, you need to be prepared with documentation. It would be your word against leasing agent/landlord, and judge would decide. You would have copies of your lease and a letter from your landlord about the mailbox left and stating that you have leased and occupied an apartment from them for last 4 years. You would have a copy of the fraud alert you placed on your credit in 2004. You would have copies of all your letters to collection agency, credit agencies, etc. You would have affidavits from neighbors and friends that you have occupied your apartment and only this apartment over the last 4 years. If anyone else lived with you anytime during that time period, an affidavit from them that they lived with you from date to date at your current address, and that you were living solely in that apartment.

Answer 3

Is the apartment still being used? Or have you been there? You might try just asking people in the apartment complex if they know who lived there, or you could call the police and report an identity theft.

Answer 4

I assume you called the cops after your documents were stolen out of your mailbox, or that you ordered a new license/birth certificate/SS card. Show those documents--either the police report or the documents accompanying your new documents--and that would corroborate your story.

Answer 5

Sounds like you are a victim of identity theft.

You need to research what to do if you are a victim of idnety theft - hint type that phrase into google.

Answer 6

YOU COMPLAIN THAT SOMEBODY IS FORGING YOUR SIGNATURE AND HOPE FOR THE BEST!!!!!!!!!!!!!!