Defending Against Identity Theft
I am a criminal defense lawyer, I do not assist clients who have been the victim of identity theft unless that has resulted in them wrongly being charged for a crime someone else has committed (and, yes, this does happen). That said, I recognize that being a victim of Identity Theft can be devastating. This page is intended to give such victims guidance on what actions they can take. The following are steps a victim of financial identity theft can take:
1. Order Your Credit Reports
If you learn that someone has opened an account in your name or with your SSN, you must first gather up all the information you can about what other accounts have been opened. The Credit Reporting Agencies (CRAs) have almost all the information you need. Federal Law permits any consumer to order his or her own credit report from the Big Three CRAs once per 12-month period FREE. Here are instructions on the Federal Trade Commission's website.
2. Make a Copy of the Report(s) and Review Them for Errors/Discrepancies
When you receive the report(s), copy them. Do not write on your originals. Review all of them carefully for anything that you do not recognize as yours. In particular, any accounts that you never authorized, any addresses and names that should not appear for you, and any inquiries by companies that you have not applied for insurance or credit and have no accounts. This is a very important step and if you miss anything now, it will affect you in future steps. Start a file folder for each credit reporting agency and for each debt collector or creditor and put everything in a very secure place, because you do not want your credit information to get lost or stolen or handled by anyone else.
3. Request a Fraud Alert
Write to each of the Credit Reporting Agencies and request a fraud alert on your file. This will mean than anyone trying to open any new accounts with your information is going to have to supply additional information. Tell them that you are filing a Complaint with the FTC, then follow up.
4. Prepare an FTC Complaint with Supporting Affidavit
Once you have gone through the reports, go online to prepare the FTC Identity Theft Complaint and Affidavit form. The form can be completed on line and provides room for all problem items in your report that you believe are improper (see previous step) and may be from identity theft. The form can also be used to file a complaint with the FTC. The FTC also advises to "Call the ID Theft Clearinghouse toll-free at 1.877.ID.THEFT (1.877.438.4338) to report the theft."
5. Contact Local Law Enforcement Agencies - Report Locally
Please contact your local police or sheriff's office for an appointment with someone who knows about identity theft police reports. If you just show up, unannounced, the person who helps you may be unfamiliar with identity theft and so that person may give you a run around or even simply tell you to take a hike, because this was your friend or relative. Bring an extra copy of your credit reports, as you have marked what appears to be improper, and an original and a copy of the FTC ID Theft Form. You need the police or sheriff to prepare a report for identity theft, so you can put this report number on the FTC ID Theft Affidavit (page 5) and sign it with the officer present on page 6. If the local police and sheriff refuse to take a report, then contact either a state agency, such as the State Police, or the U.S. Postal Inspector. This is very important to get a government agency involved in the investigation and report.
6. Follow Up With the Credit Reporting Agencies, This Time By Certified Mail
Now that your FTC ID Theft Report and the government investigation report are completed, you need to make at least five copies of these. Perhaps ten copies, if a copier is not convenient. Send one to each of the major CRAs by certified mail, return receipt requested and inform them in your cover letter that you are an identity theft victim and you need a to place a security freeze on your reports, under Wisconsin law. You can find instructions and more information here. It is free to identity theft victims. All letters should be sent by certified mail, return receipt requested. Actually get the Post Office's green receipt card, do not rely on electronic delivery notice, because having the actual green card is better proof.
7. Write to Every Company That Shows Up On Your Credit Reports That You Have Not Done Business With.
Each company on your credit reports, whether as an inquiry or reporting credit history, that you do not believe were entitled to view your credit or that report debts that you did not approve must be contacted at the addresses noted for them on your credit reports. See (sample letter #4.1) that you can copy and send to each company, linked below. I don't know if I would provide any of them with a complete copy of your FTC Fraud Affidavit or your SSN or other information, in case these are bad people and may try to use your personal information against you. To start, just send each company a complaint letter and a copy of the police report, with your SSN, DOB, and other personal numbers omitted. Don't just cross it out with a pen, because sometimes the numbers can be seen through the pen marks. Make a copy, white it out on the copy, then photocopy the copy so they cannot see through your white out. Certified mail, return receipt requested. I recommend using the sample complaint letter (#4.1) outlined by Attorney Robert Sempler. You can access it here.
8. Follow Up With Your Credit Reports
Mark your calendar. The CRA's will respond to your security freeze and ID Theft Reports in a week or so. It's amazingly fast, but if you don't hear from them in two weeks, please call them and find out what's the delay, did they receive and process your request. Check the CRA phone numbers for Identity Theft and Security Freeze on each CRA's web site, so you can avoid waiting in line with everyone else. If you need to send it again, send a new letter with a new date and get another receipt from the post office. If you do make any calls regarding the identity theft situation, please keep a record of the date, time, number dialed, employee name, and what was said. Keep this record of your calls on computer or by making notes on a regular piece of paper in your files.
9. Check Court Records Regularly
Another thing that happens when you are the victim of identity theft is that you may get sued and perhaps even a judgment against you if they deliver the papers to the wrong address. Your local county courthouse may have on-line access that you can regularly search your name to find any cases that have been filed, so you are not surprised. Do not wait for a bogus judgment to (out of the blue) freeze your bank account or garnish your wages. By that time, it will take weeks or months to sort out things, and it can affect you horribly if your money is seized and you have no money to pay your other bills. You can check Wisconsin Court Records through CCAP.
10. Beware of Non-Lawyer Websites Offering Assistance With Debt Collection
One final caveat: This is not my area of expertise. There are lots of web sites with free information by non-lawyers. It is highly suspect, particularly the ones that have these two and three-page letters to debt collectors with lots of law and demands for proof of this or that. Please don't visit those web sites or send those type of letters. If you need to go to court for collection harassment or credit reporting violations, these letters are a hindrance to your case. Please do not send just any letter. There are plenty of good letters for free on Attorney Stempler's site and he would be happy to help anyone who needs assistance to shape a standard letter to suit your specific needs. There are lawyers here in Wisconsin who also have expertise in this area. I would recommend Archibald Consumer Law in Madison. If you ask for help, it may save you so much time.
The preceding section of the page was based on work done by California Attorney Robert Stempler and adapted for Wisconsin. I want to recognize the thought he put into this subject.
Defending Against Identity Theft Charges
Still to be completed.
Warning - Use at your own risk.
This page is not intended to be legal advice or substitute for legal advice. It is intended to provide general information. Legal advice can only be given with a full understanding of the actual facts of a case, generally in a face-to-face consultation. Note that there are exceptions to many of the statements made here. No one should act or refrain from acting in court based on anything stated in this web page. My office does not give legal advice to non-clients over the phone or internet.
Click on images above for larger view
Email Warning (email links below)
By clicking on a button or link below you will be attempting to send an email to the office of Attorney Charles Kyle Kenyon. We do not give legal advice or opinions to non-clients over the phone, the Internet, or by email. Sending an email to us does not establish an attorney-client relationship. Confidential information should not be sent by email. Do not expect that information sent us will be kept secret. If your email is about a legal matter please restrict your email to:
- Your name address and phone number.
- The County involved.
- A time when it would be convenient for someone from this office to contact you and set up a time for you to consult with an attorney.
Clicking on the button or link below means you have read the above and agree to keep any communication about legal matters within these limits.
