Victims of Identity Theft: A Step-By-Step Legal Guide

There are plenty of resources for victims of identity theft on the web, but there are very few that give concrete information about what you should do if you are a victim. How should you react? What should come first? Where might the repercussions lie? Following is a step-by-step legal guide for victims of identity theft.

Victims of Identity Theft. Step #1: Don’t Panic

As a victim of identity theft, I know that the tendency is to retreat into blind panic, but you must remain calm. As soon as you discover that something is amiss on your credit report – such as a denial of credit you don’t understand – react immediately. Time is of the essence in these cases, and if you panic, you won’t be able to respond logically.

Victims of Identity Theft. Step #2: Call Each Credit Agency

Phone each credit agency (contact information is listed below) and inform them that you have been a victim of identity theft. Request a free copy of your credit report, which is allowed in situations of fraud, and request that a victim’s statement be placed in your credit file. Although this will stop you from applying for credit yourself, it will also keep whoever has stolen your identity from obtaining credit illegally.

Victims of Identity Theft. Step #3: Start a Journal

Purchase a wire-bound notebook, and begin recording every step you take. Every phone call, every letter sent or received, and every discovery of fraud should be recorded here, along with the date of discovery and, if possible, the date of activity. Include the names of credit representatives to whom you speak and the substance of any conversations.

Victims of Identity Theft. Step #4: Contact the Police

Call the local police and file a report with their department. The case number that is assigned to you should then be given to the credit agencies and to any creditors whose accounts you didn’t open yourself. Although the theif will probably never be caught, you must have a case number on record.

Victims of Identity Theft. Step #5: Inspect All Credit Reports

Go over your credit reports with a fine-tooth comb, and record anything that seems strange. This could include accounts of which you have no knowledge, fake addresses, fake phone numbers, and false employment history. Report these problems to each of the credit agencies, and stay on top of their correction process. Once they have made all necessary corrections, you are entitled to a new and revised credit report.

Victims of Identity Theft. Step #6: Contact Fraud Departments

Once you have repaired your credit report, contact the fraud departments for any accounts which contain fraudulent activity to make them aware of the problem. Close those accounts, and make sure that they note in the records that the accounts were closed “at customer’s request”. It may be difficult to get an actual person on the line, because you’ll be required to enter the account number, which you don’t have because someone else opened it. If necessary, call the customer service line and ask for the direct number to the fraud department.

Victims of Identity Theft. Step #7: Find a Local Notary Public

You will have to sign a sworn affidavit and submit it to each of the credit accounts that were fraudulently opened. In most cases, these statements must be notarized, which does cost money.

Victims of Identity Theft. Step #8: Keep Track of Mail

Some of your correspondence can be done over the phone, while others must be conducted through the mail. Don’t take any chances. Any time you send something regarding identity theft, always send it by certified mail, with return receipt requested. Keep copies of each of the letters you send in a file for future reference.

Victims of Identity Theft. Step #9: Contact Appropriate Parties

Identity theft is not all about credit cards and bank loans. There are hundreds of ways that someone can use your personal information for their benefit. Make sure that you contact any appropriate parties, such as the postal service if your mail has been tampered with, the Social Security Administration if your social security number has been used, and the Department of Motor Vehicles if your driver license or passport was stolen.

Victims of Identity Theft. Step #10: Keep Tax Information

Any loss that you experience because of identity theft is tax deductable. Save receipts, correspondence and anything else that can be used to prove the victimization.

IMPORTANT CONTACT INFORMATION:

Credit Bureaus
Equifax: 800-525-6285 or www.equifax.com
Experian: 888-397-3742 or www.experian.com
TransUnion: 800-680-7289 or www.transunion.com

Federal Trade Commission
www.consumer.gov/idtheft

Identity Theft Hotline
877-438-4338

Social Security Administration
www.socialsecurity.gov/oig/guidelin.htm

Social Security Administration Fraud Hotline
800-269-0271

U.S. State Department
www.travel.state.gov/passport/index.html
202-955-0430

U.S. Postal Service
www.usps.com/ncsc/locators/find-is.html
800-275-8777

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