Recieved a summons for court from collector, but I have proof of identity theft...

You must file a reply to it. Ignoring the summon isn't going to solve your problem, rather the collector would get a default judgememt against you if you don't reply. You don't need a lawyer to appear in the small claims court. Ask the court clerk for more information.

Where all the charges on the card fraudlulent?? DId you deal directly with the original bank? I would be on their tails for charging it off and selling it.

I opened the account, I don't know the exact date but I haven't used the card for a long time. It was actually a card with one retailer and I just opened the account to make a purchase because of some offer they were having. I paid off that balance and was in good standing. I had the card in my drawer for a while and it actually expired in March of 2009. I had the e-bill option so I was unaware of any balance due. In August of 2009 I received a letter from the attorney who represents Palisades and I actually never opened the letter (stupid mistake on my part, but at the time I was getting garbage attorney letters due to some medical malpractice case). Two weeks ago I received a summons from Palisades and the attorney and that the court date is coming up. I contacted the issuer of the credit card and they said that they don't handle that account anymore.

You have the police report but did you ever send it to the creditor who was holding the account after you found out it?? Sending it to the FTC is kind of a waste of time.

No I haven't sent it. I actually just talked to a lawyer and she said that all I have to do is show up on the court date and show the police report.

hmmm i doubt its going to be that easy. there seems like a lot of questions left unanswered. what was the last charge you made and when was it paid? when was the last charge on the account? who would have access to the card number? you say it was in your drawer... a family member/friend use it? what did the police report say? did you name someone in the police report?

Pallisades is a collections company with not the greatest reputation. They are betting that you will not show up and recieve a judgement against you. This is a great forum but you might want to check with www.buddhibbs.com

He will actually help you and walk you through your pleading and may even help get you set for court. I have never been charged for any of his services and remember that there are people on all these blogs that are helpful and not so helpful. I would suggest getting in touch with him TODAY