Plaintiff alleges national bank committed identity theft violations

Santa Clara County Superior Court
Santa Clara County Superior Court
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Theresa Thai Ngoc Nguyen has taken a significant legal step to reclaim her identity and financial stability. On January 15, 2026, Nguyen filed a complaint in the Superior Court of California, County of Santa Clara, against Citibank, National Association. The case highlights the pervasive issue of identity theft and its devastating impact on victims’ lives.

Nguyen alleges that an unknown individual fraudulently used her personal information to open a credit account with Citibank. This unauthorized account led to a series of legal actions against her, including a lawsuit filed by Citibank in 2010 and subsequent judgments that resulted in the seizure of $6,705.30 from her Bank of America savings account in May 2024. Despite not being served with any court documents or having knowledge of these proceedings until June 2024, Nguyen found herself embroiled in a legal battle over debts she never incurred.

According to the complaint, Nguyen is seeking declaratory relief to establish her status as a victim of identity theft under California Civil Code §§ 1798.92-1798.97. She also seeks injunctive relief to prevent further collection efforts by Citibank and restitution for the funds wrongfully taken from her account. The plaintiff argues that Citibank’s actions violated multiple provisions designed to protect consumers from fraudulent debt collection practices.

The case underscores the challenges faced by identity theft victims in proving their innocence and reclaiming their financial standing. Nguyen’s attorney, Fred W. Schwinn of Consumer Law Center, Inc., has been actively involved in communicating with Citibank’s legal representatives to resolve the matter without further litigation. However, despite presenting evidence such as police reports and Federal Trade Commission Identity Theft Reports, Citibank has yet to acknowledge Nguyen’s claims or return the seized funds.

Nguyen’s ordeal began when she discovered unauthorized transactions on her credit report dating back to October 2008. Her attempts to rectify the situation included filing complaints with both local law enforcement and federal agencies. Despite these efforts, Citibank proceeded with aggressive debt collection tactics that disregarded evidence pointing towards identity theft.

In addition to seeking monetary compensation for actual damages incurred due to these practices, Nguyen is pursuing civil penalties against each defendant for failing to investigate her claims diligently. As a senior citizen subjected to deceptive collection practices, she may be entitled to treble damages under California Civil Code § 3345.

This case serves as a stark reminder of how easily one’s life can be upended by identity theft and highlights systemic issues within financial institutions’ handling of such cases. It also raises questions about accountability among creditors who pursue debts without verifying their legitimacy thoroughly.

The attorneys representing Theresa Thai Ngoc Nguyen are Fred W. Schwinn (SBN 225575), Raeon R. Roulston (SBN 255622), and Matthew C. Salmonsen (SBN 302854) from Consumer Law Center Inc., located at 38 West Santa Clara Street in San Jose, California. The presiding judge over this matter is not specified within available documents; however it falls under Case No:26CV484487 filed at Superior Court Of CA – County Of Santa Clara.

Source: 26CV484487_Theresa_Thai_v_Citibank_National_Complaint_County_of_Santa_Clara_California.pdf


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