IDENTITY THEFT, in the simplest terms, happens when someone pretends to be you by
using your personal information (such as your name, Social Security number and date of birth)
to open fraudulent accounts, then disappears – leaving YOU being chased for the bills. You
end up doing lots of paper work – and the creditor ends up never collecting on the account.
YOU MAY BE A VICTIM OF IDENTITY THEFT IF:
a) Companies with which you've never had an account try to collect from you, and/or
b) Purchases you didn't make show up on your legitimate credit accounts.
IMPORTANT: Never heard of a company trying to collect from you? This does NOT
automatically mean you're a victim. Companies sell the right to collect debts. You are probably
a victim of ID theft if you've never had an account with the original creditor, with the original
account number associated with the account.
There are different types of identity theft. We talk here about where the entire account was
never yours from the beginning. (A different type of identity theft happens when someone uses
your legitimate existing account to make purchases. Then you have 60 days from the date of
the statement showing the fraudulent charges to dispute them IN WRITING – your rights are
NOT preserved by calling).
using your personal information (such as your name, Social Security number and date of birth)
to open fraudulent accounts, then disappears – leaving YOU being chased for the bills. You
end up doing lots of paper work – and the creditor ends up never collecting on the account.
YOU MAY BE A VICTIM OF IDENTITY THEFT IF:
a) Companies with which you've never had an account try to collect from you, and/or
b) Purchases you didn't make show up on your legitimate credit accounts.
IMPORTANT: Never heard of a company trying to collect from you? This does NOT
automatically mean you're a victim. Companies sell the right to collect debts. You are probably
a victim of ID theft if you've never had an account with the original creditor, with the original
account number associated with the account.
There are different types of identity theft. We talk here about where the entire account was
never yours from the beginning. (A different type of identity theft happens when someone uses
your legitimate existing account to make purchases. Then you have 60 days from the date of
the statement showing the fraudulent charges to dispute them IN WRITING – your rights are
NOT preserved by calling).
Helpful Links:
YOU THINK YOU'RE AN IDENTITY THEFT VICTIM. NOW WHAT?
You must be sure an account was not yours before swearing under oath that it stems from identity theft.
Creditors investigate fraud claims – they are not automatically accepted – and use advanced investigation
tools. A false identity theft claim can be a crime and at minimum can destroy your ability to negotiate with a
creditor.
Always: Put things in writing and keep copies -- and keep them for at least 10 years.
GET COPIES OF ALL 3 OF YOUR CREDIT BUREAU REPORTS
Three main companies, TransUnion, Experian and Equifax, monitor our credit history and create reports
based on it. One fast way of getting your reports from all 3 bureaus is visiting a free site, www.
annualcreditreport.com, or calling them at (877) 322-8228. This site is run by the credit reporting
bureaus themselves and allows you a free copy of your credit report from each of the 3 bureaus once each
year. (It is DIFFERENT FROM FreeCreditReport.com, which offers a teaser then requires payment). You
can often dispute items online, but we suggest writing: you'll have better records if something goes wrong.
You can also write to each credit bureau for your report:
Trans Union Fraud Victim Assistance
P.O. Box 6790, Fullerton, CA 92834
(800) 680-7289
Experian Consumer Fraud Assistance
P.O. Box 949, Allen, TX 75013
(888) 397-3742
Equifax Consumer Fraud Division
P.O. Box 105069, Atlanta, GA 30348
(800) 525-6285
SEARCH YOUR CREDIT REPORTS FOR ACCOUNTS THAT DON'T BELONG
Once you receive your credit reports, check them for accounts that don't belong to you.
WRITE TO THE CREDITORS FOR EACH SUSPECT ACCOUNT
Write to every creditor on each suspect account listed on your reports – accounts for which you never co-
signed or held. Inform them that you are an identity theft victim, that you never had or authorized the account
and that they should send you an affidavit of fraud.
FILE A POLICE REPORT
Creditors often require you to file a police report before they will release you from responsibility for an
account which you claim is fraudulent. Why? Identity theft is a crime and crimes should be reported, and
filing a FALSE police report is itself a crime. The hope is that few people would risk arrest and prosecution
for filing a false police report just to try to get out of paying a valid bill.
To file a report, go to your police precinct and bring as much documentation as you can. Tell them you want
to report an identity theft, because someone used your personal information to open fraudulent accounts.
Police sometimes refuse to take these reports; they sometimes even ask you to "prove" you are a fraud victim
by showing letters from creditors. But, creditors often require a police report before they give you such
letters! We find this absurd; police wouldn't ask you to "prove" you are a mugging victim to take that report –
and identity theft should be no different. Try to comply with their requests for documents, but if you find that
impossible, be persistent and don't be shy about asking for a supervisor. If police refuse to take an identity
theft report, as a last resort, ask them to take it as a "miscellaneous report." Most creditors don't care about
the difference.
Police will usually issue you a slip of paper and/or complaint number. Do not lose them.
COMPLETE AFFIDAVITS OF FRAUD
Once you receive affidavits of fraud from the creditors, truthfully and fully complete each as you get them.
Send the completed affidavits of fraud with a copy of the police report or information slip to each creditor.
Most creditors want you to use their form, but some will let you use a "generic" version published by the
Federal Trade Commission. Your goal is to receive a letter from each creditor confirming that the account
was fraudulent and is being deleted from your credit report.
DISPUTE INACCURATE INFORMATION YOU FIND ON YOUR CREDIT REPORTS
Send copies of each letter from each creditor confirming the fraud to each of the credit bureaus. Include a
copy of the police report or information slip. Request that they delete the account from your credit file. You
should also have the credit bureaus remove addresses where you never lived and correct other inaccurate
information.
PROTECT LEGITIMATE ACCOUNTS WITH PASSWORDS
Insist on password-protected accounts for both new and existing accounts not yet affected by identity theft.
Don’t use an obvious choice such as your mother’s maiden name, pet, spouse, etc.
For more information, see the Federal Trade Commission and NY State Attorney General web sites listed
above, or call the FTC at (877) IDTHEFT.
DID YOU FIND THIS INFORMATION HELPFUL?
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advice nor do they create an attorney-client relationship.
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© 2007 Jonathan S. Kingston & Associates, P.C. All rights reserved. Attorney Advertising. We
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are admitted to practice in New York State only. Permission is granted to reproduce and
redistribute articles appearing on this page subject to the following conditions: 1) the entire
article, including all headings and the copyright notice are included in the reproduction and 2) no
charge of any kind is imposed.
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Identity Theft