My current location: , | Change location

What To Do If Your Identity Is Stolen


6. Close any accounts that have been accessed fraudulently. Contact all creditors, including banks, credit card companies, and other service providers, with whom there has been fraudulent activity. Close all accounts the thief opened or used fraudulently. Request that creditors report closed accounts as "account closed at consumer's request," because a mark of "card lost or stolen" can reflect poorly on your credit report.

Request copies of the identity thief's application and transaction records from businesses that provided credit, goods, or services to the thief. Normally, the business must provide you copies when you send a properly completed written request, and cannot impose a charge. Copies also must be provided to law enforcement agencies that you specify. In general, you must provide satisfactory proof of your identity, a police report, and a completed FTC identity theft affidavit. The request must be sent to the business at the address it specifies for this purpose.

Ask businesses that have provided identity theft-related information to credit bureaus to stop providing the information. You must send the business an identity theft report at the address that it specifies for this purpose and identify the information related to identity theft. The business normally cannot provide the information to any credit bureau after receiving such a request.

Change your PINs. If your ATM or debit card was stolen, do not use your old PIN for your new card. Choose a password that is obscure but that one that you will remember; do not use common numbers such as your birth date.

7. Stop payment on checks. If a thief stole checks or opened bank accounts in your name, contact one of the major check verification companies to report the fraudulent activity and to stop payment on stolen checks. For a complete listing of check-verification companies, visit Fight Identity Theft at www.fightidentitytheft.com/fraud_numbers.html.

8. File a complaint with the Federal Trade Commission (FTC). When you report the fraud to the FTC by filing a complaint, it will enter your information into an electronic database used to prevent future identity thefts. The FTC also uses identity theft claims to assist law enforcement agencies in finding and arresting identity thieves. To file a claim with the FTC, visit www.consumer.gov/idtheft or call the Identity Theft Hotline at 877-438-4338. The FTC normally cannot help individual consumers, and cannot bring criminal cases against perpetrators.

9. Deal with debt collectors. While you are handling your identity theft case, debt collectors may ask you to pay outstanding bills from fraudulently activated credit accounts. Inform the debt collector by phone and in writing that you are a victim of identity theft and that you are not responsible for the unpaid bill. In your letter, be sure to include copies of documents, such as a police report, that demonstrate that you are the victim of identity theft.

When you inform the collector that the debt is the result of identity theft, the collector must pass this information along to the creditor (the company attempting to collect the debt). The collector also must send you information that "validates" the debt (usually, just the amount of the debt and the creditor's name). Send the collector a written dispute of the debt after you receive the validation, and include a copy of your police report or identity theft affidavit. Also send a copy to the creditor.

Ask the collector to provide you with all pertinent information (for example, name, phone number, address, account number) relating to both the collector and creditor. Finally, ask the collector to confirm in writing that you are not responsible for the outstanding debt and that the collection account has been closed.

Ordinarily, you will have a complete defense to a debt incurred by the identity thief and should not pay it. Generally, the information you provide the collector and creditor will cause the collector to stop collection efforts. If not, it may be helpful to consult an attorney. Consult an attorney immediately if you receive notice of legal action based on debts incurred by the identity thief.

10. Contact the local postal inspector. If you believe that someone has changed your address through the post office or has committed mail fraud, visit the U.S. Postal Service website at www.usps.com/ncsc/locators/find-is.html or call 800-275-8777 to obtain the phone number for your local postal inspector. If you discover that mail in your name is being sent to an address other than your own, ask the local postmaster to forward all mail in your name to your own address.

11. Contact the Social Security Administration (SSA). If you believe that your Social Security number has been used to fraudulently to obtain welfare or Social Security benefits, visit the SSA website at www.socialsecurity.gov/oig/guidelin.htm or call the SSA Fraud Hotline at 800-269-0271. Also get a copy of your Social Security Earnings and Benefit Statement and look for earnings for jobs you've never had. You should receive your earnings statement automatically each year if you have worked and are 25 or older, or you can request a copy by calling 800-772-1213 or by visiting the SSA website at www.socialsecurity.gov/mystatement. In an extreme case, you may be able to change your Social Security number, but it is difficult to do and may not resolve the problem.

Copyright 2008 Nolo


Sponsored Services
Find Top Consumer Protection Lawyers Near You.
Connect with lawyers today! LegalConnection.
More Sponsored Services
USLegalForms.com - Largest Selection of Legal Forms on The Internet:
Download more than 50,000 state-specific legal forms. Real estate documents, power of attorney forms, wills, employment contracts, divorce and separation agreements and much more.
Wills, Divorce, Incorporation & More - Legalzoom:
Fast and friendly legal document service from LegalZoom, the #1 online legal document service.