From: Eben Moglen <moglen@columbia.edu>
  To  : <cpc@emoglen.law.columbia.edu>
  Date: Wed, 6 Apr 2005 12:41:34 -0400

Re: real live

Practicing law without a license is a bad idea, Camden.  

The default judgment in Texas will be based on valid service to the
address in Texas or elsewhere used by the identity thief, who hijacked
someone's identity, and gave a valid address for the receipt of
service, but where, of course, the party whose identity was stolen
does not actually reside.  The identity thief doesn't mind being
served, and doesn't feel the slightest need to pass the summons along
to his victim.  Your assumptions result from the fact that you're not
thinking like a criminal.  Or, more unfortunately, like a lawyer,
either.

The default judgment will eventually be vacated, but it will not be
either costless or trivial.  The credit repair will also be
non-trivial, because public records searches will continue to show the
Texas judgment and its execution.  This is one aspect of the real cost
of identity theft.  The bank will get its money back by charging
higher fees and interest to other customers.  That's another aspect
of the cost.

See what giving your SS# to the wrong person can do?

E

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