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The defense of identity theft applies when you're being sued by a creditor for a debt that is not yours. Identity theft can occur in many ways and involves an individual or group of individuals stealing your personal information such as name, address, phone number, SSN and other financial information and opening credit card, charge or store accounts in your name. When the creditor confuses your name with another person's name, then mistaken identity has occurred. In court, you do not have the burden of proof to prove that the disputed debt is not yours; the creditor has the burden of proof and must show that you authorized each transaction on the account. You should also never settle a case of identity theft or mistaken identity. It may be a good idea to monitor your credit report once a year for suspicious accounts; you may be entitled to a free credit report from each of the major credit bureaus once a year.

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