Identity Theft Questions & Answers by State

Identity Theft Questions & Answers

Q: Got subpoena @6am from Gault Financial llc. i've no idea what this is for, process server gave me sheet w/court date

1 Answer | Asked in Consumer Law, Appeals / Appellate Law, Collections and Identity Theft for Tennessee on
Answered on May 22, 2018
Leonard Robert Grefseng's answer
A subpoena is a court order requiring you to appear in court. The "issue" date is simply the day the subpoena was sent out by the court clerk. Somewhere on the document it tells you when and where to appear and perhaps what, if anything , you need to bring with you. Keep calling the attorney - he will know why you are being requested to come to court.
View Details »

Q: Father in law using husbands personal information without consent.

1 Answer | Asked in Identity Theft for New York on
Answered on May 18, 2018
Michael David Siegel's answer
Your husband should run his credit report. He can do it for free at annualcreditreport.com. You do not get your score but you get the entries. See what is there. Put a fraud complaint on anything false. If you are actually out money, file a police report.
View Details »

Q: what is the punishment for credit card theft in Texas?

1 Answer | Asked in Criminal Law and Identity Theft for Texas on
Answered on May 17, 2018
Grant St Julian III's answer
Theft offenses are listed under Section 31.03 of the Texas Penal Code; Credit Card Abuse is under Section 32.31. The punishment range for a particular offense depends on the facts alleged. Have an attorney review the charging instrument filed in the case.
View Details »

Q: Do i file a police report if my identity has been compromised?

1 Answer | Asked in Identity Theft for New York on
Answered on May 16, 2018
Michael David Siegel's answer
Yes. And a fraud alert with each credit bureau.
View Details »

Q: i just got a letter from district attorneys office stating the office filed a complaint charge against me for identity

3 Answers | Asked in Criminal Law and Identity Theft for California on
Answered on May 11, 2018
Dmitry Gorin's answer
What should you do? First step would be to consult with a local criminal criminal lawyer to review the details and your legal options. Don't make any statements to law enforcement. Remain silent.
View Details »

Q: Is it legal for a woman to use her maiden and married name,as two separate entities and destroy the credit of separated

1 Answer | Asked in Criminal Law, Divorce and Identity Theft for Georgia on
Answered on May 8, 2018
Homer P Jordan IV's answer
Typically, people only use one name. If someone is using two names to be deceptive or commit fraud, then that would not be proper. If you are concerned she is doing something to damage your name and credit speak with an attorney. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

Q: Without the knowledge of wife if a husband borrows money, mortgages house owned by wife a clear case of forgery.

1 Answer | Asked in Divorce, Family Law and Identity Theft for Florida on
Answered on May 1, 2018
Terrence H Thorgaard's answer
You didn't include enough information. Is this debt allegedly owed by the husband? Was the mortgage note allegedly signed by him?
View Details »

Q: Is it recommended that you get a new social security number if you feel it's been compromised?

1 Answer | Asked in Identity Theft for New York on
Answered on Apr 27, 2018
Michael David Siegel's answer
You can try, but actually it is VERY hard to change numbers. Put a fraud alert on your credit report.
View Details »

Q: How can a person be indited whit out being chraged of the crime i never recived a citation or court for

2 Answers | Asked in Criminal Law and Identity Theft for Kentucky on
Answered on Apr 26, 2018
Timothy Denison's answer
If you’ve been indicted, you have been charged. They are supposed to notify you or send a letter but many times that fails to happen. Contact your lawyer and have him arrange to appear for arraignment and get a date. Nothing illegal about any of it.
View Details »

Q: My child is 13, he stole my bank card and bought a semi-auto bb gun off of amazon. What can he be charged with

1 Answer | Asked in Banking, Criminal Law, Federal Crimes and Identity Theft for Michigan on
Answered on Apr 17, 2018
Jasmine D. Rippy's answer
If you report your son to police, he could be charged with illegal use of a financial transaction device, which is a felony. Because he used the card online, he could also be charged with using the internet or a computer to commit a crime, which in this case would be a felony because the underlying offense is a felony. For adults, each charge carries penalties of up 4 years in jail and $5,000 in fines. Your son will most likely be tried as a juvenile and in such case, there will be a variety...

Q: How to get my case in a different Federal Jurisdiction?

1 Answer | Asked in Criminal Law, Federal Crimes, White Collar Crime and Identity Theft for California on
Answered on Apr 13, 2018
Dale S. Gribow's answer
need a lot more facts

the first thing you have to do is hire an EXPERIENCED FEDERAL ATTORNEY.

most lawyers in the greater Palm Springs Area do not do Federal. In part it is because there is no federal court around us.

federal courts can hear cases from other states but this should be addressed to the lawyer you retain.

Q: Do Sonic fast food restaurants tell the amount you have on your card, on the receipt?

1 Answer | Asked in Identity Theft and Consumer Law for Mississippi on
Answered on Apr 7, 2018
Arthur Calderon's answer
Not necessarily. Your best bet would be to see if perhaps the initial transaction was cancelled out. Regardless, if you review your account and see a double charge, you could reach out to the manager and see about getting a refund on one of the transactions.

Q: What can I do when when someone excuses you of stealing from their store but you didn't do it

1 Answer | Asked in Identity Theft and Libel & Slander for Missouri on
Answered on Apr 3, 2018
Ronald J. Eisenberg's answer
If someone falsely accuses you of stealing you can deny the accusation. Without more facts, I'm not sure what to tell you. I don't know if there are criminal charges against you, whether any harm has resulted from the false accusation, or what you want to do.

Q: Restitution is 28000 but I’m a single father and make 22000yr. My case going to trial? Will I go to jail?

1 Answer | Asked in Criminal Law and Identity Theft for Louisiana on
Answered on Apr 3, 2018
Ellen Cronin Badeaux's answer
If you are going to trial, ask your lawyer. You didn't even say what the charge is.

Q: What can i do if someone excuses me of stealing

1 Answer | Asked in Identity Theft and Libel & Slander for Missouri on
Answered on Apr 3, 2018
Ronald J. Eisenberg's answer
If someone falsely accuses you of stealing you can deny the accusation. Without more facts, I'm not sure what to tell you. I don't know if there are criminal charges against you, whether any harm has resulted from the false accusation, or what you want to do.

Q: In 2013 my son got felony for stealing golf cart battery wort2500can it be exsponge after four years.

1 Answer | Asked in Criminal Law and Identity Theft for Florida on
Answered on Apr 3, 2018
Gary Kollin's answer
If he was adjudicated guilty for that charge or has ever been adjudicated guilty of any criminal offense including a criminal traffic offense, he is ineligible for a sealing. He is completely ineligible for expungement because he "got a felony."

If he previously sealed or expunged a file anywhere he is ineligible.

He must have completed any probation.

Otherwise, it appears likely he can get it sealed for that charge.

This applies to cases in Florida only

Q: I am being denied a police report from my local precinct and being told that I must file somewhere else. Is this lawful?

1 Answer | Asked in Traffic Tickets and Identity Theft for New York on
Answered on Mar 30, 2018
Zev Goldstein's answer
Getting a police report changed is difficult. You may want to start with filing a police report that your identity was used by someone other than yourself. If the matter is investigated, that officer will be in a position to request that the accident report be corrected.

Q: A fellow veteran opened a Chase bank account to cash a $13k Veterans compensation check from the US Treasury.

1 Answer | Asked in Banking, Civil Litigation, Identity Theft and Criminal Law for California on
Answered on Mar 24, 2018
Dale S. Gribow's answer
clearly you were the victim of a con............

more info is needed.

it should not have taken the bank that long to clear..........i would consider suing the bank for that amount of money but unless you have info on the person who scammed you then you are probably out of luck.

you can sue in small claims court for up to $10k

Q: What does a free standing order mean for restitution

1 Answer | Asked in Criminal Law and Identity Theft for Hawaii on
Answered on Mar 21, 2018
Mark Simonds' answer
A free-standing order of restitution is an order for restitution which can stand on its own, apart from the criminal case it is connected to. What this means is that the person to whom restitution is owed (the “victim” of the crime) may enforce this order against the defendant in the same way a civil judgment may be enforced. In other words, if a defendant is subject to a free-standing order of restitution has income, that income can be garnished, should the victim wish to pursue...

Q: I just found my email address and more of my info on a website that sales email addresses! What can I do about this?

2 Answers | Asked in Identity Theft and Internet Law for California on
Answered on Mar 16, 2018
Dale S. Gribow's answer
you need to report to police and possibly hire a lawyer to make an immediate return of your info and to cease and desist.........and possibly sue the other party

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.