Consumer complaint received 2025-10-28 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: GOLDMAN SACHS BANK USA
State: MD

Complaint narrative:
Goldman Sachss Apple Card never hold any standing or have never put up any Consideration! ( a contract 's basis. a contract is founded on an exchange of one form of consideration for another. ) XXXX XXXX XXXX NOTES See XXXX XXXX Trusts Section XXXX Establishment of Existence of Trust. Where necessary for the protection of the rights or interests of a cestui que trust, either under an express trust in his favor, or under an implied trust, equity will come to his aid by establishing and enforcing the XXXX XXXX XXXX XXXX trust, in the absence of any equitable reason why that should not be done. A bill in equity will not lie, however, for the acts given through defendant denies its existence, although a trust may be declared and the bill retained for further direction where the circumstances make such procedure proper ; and, where the question whether an implied trust has arisen out of a particular transfer or transaction can be determined by only subsequent events, a suit for the establishment or enforcement of the trust will not lie pending such determination. The power of an equity court is limited to the establishment and enforcement of trusts, and does not extend to their creation ; thus equity can not be invoked to perfect an imperfect gift by creating a trust, where the words employed are insufficient in themselves to have such effect, although the assertion of, and failure to establish, a gift do not prevent a party from procuring the enforcement of a valid trust arising out of other circumstances. As independent on existence of equitable grounds. A trust may be established and enforced only on grounds of equity and good conscience, and, in the absence of an express trust, a sufficient contract, or other strong equitable circumstances requiring the intervention of a court of equity, a trust will not be impressed on property. No trust will be established or enforced where it would be inequitable to do so. Courts of equity do not enforce or impose penalties or punish persons for their wrongs in the administration of trusts, but only furnish the adequate means of redress when the law fails to do so. 

XXXX XXXX Trusts Section XXXX : Persons Entitled to Enforce Trust : A trust may be enforced, or the trust fund or property protected, by a suit in equity by the trustee, or in his right, or, as against the trustee or his successor in interest, by the cestui que trust, or his heirs, or a purchaser of the equitable title from him, or some other person interested in the execution of the trust. Where the trustees neglect to defend their legal title to the trust property the cestui que trust may do so ; and the cestui may sue to remove a cloud on the title, although the trust deed gives the trustee uncontrolled discretion in executing the trust. On the other hand, a court will not lend its aid in such a manner as to result in the transfer of the res of a trust to a person other than the beneficiary thereof ; where such transfer is contrary to the intention of the creator of the trust, and where such transfer might subject the transferee to penalties, irrespective of whether the transferee had turned the trust res over to the beneficiary. Voluntary payments. The rule of law that money voluntarily paid under a claim of right, with full knowledge of the facts on the part of the one making the payment, can not be recovered back unless there is fraud, or concealment, or compulsion by the party enforcing the claim, has been held to have no application where money erroneously paid was held on a trust for the benefit of others who had no part in its erroneous delivery and payment by the trustee. 

CJS XXXX Trusts Section XXXX ( b ) Equity Jurisdiction : The law is well settled that a court of equity has jurisdiction of all questions relative to the establishment, enforcement, and protection and preservation of a trust on real or personal property, especially where the rights or interests of minors are involved. While it has been said that the trusts which equity enforces are mainly private trusts arising from contracts express or implied, all trusts are within equity 's jurisdiction, whether express or implied, and irrespective of whether they are either direct or constructive, created by the parties or resulting by operation of law. The existence of fraud is not required to confer jurisdiction on an equity court when the circumstances are such as to require its intervention. It has been declared that it is ordinarily on the trust.

Company response to consumer: Closed with explanation