San Diego, CA asked in Banking, Bankruptcy and Identity Theft for California

Q: Do I need a bankruptcy lawyer

Identity theft not caught until my credit card account was long depleted for my business

3 Lawyer Answers
Ernest Charles Payne Jr
Ernest Charles Payne Jr
Answered
  • Business Law Lawyer
  • San Clemente, CA
  • Licensed in California

A: File a police report for the identity theft (PC 530.5, et. al.) and a fraud claim with the bank and/or credit card company. You should not need to file bankruptcy.

Peter Maurice Lively
Peter Maurice Lively
Answered
  • Bankruptcy Lawyer
  • Culver City, CA
  • Licensed in California

A: I agree that a police report is often the best course of action to demonstrate to the creditor(s) that you are not conspiring with the person who accessed your credit.

Your decision how to proceed may depend on who stole your identity.

It isn’t unusual for a relative or significant other of the victim to perpetrate identity theft to access credit. In these instances the victims of identity theft often seeks counsel from an attorney to determine all options to resolve the credit card debt, including those that don’t cause the perpetrator to face potential criminal charges.

Harlene Miller
Harlene Miller
Answered
  • Bankruptcy Lawyer
  • Irvine, CA
  • Licensed in California

A: My colleagues have provided good suggestions regarding how to proceed. Be sure to contact the credit card company immediately to report the fraudulent purchases/unauthorized purchases. Otherwise the charges made on the card will be your responsibility. Depending upon your overall situation, you may or may not need to consider bankruptcy. Some of us offer a half hour no charge consultation for some initial information in this regard.

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