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Identity Theft Questions & Answers
1 Answer | Asked in Identity Theft, Employment Law, Tax Law and Insurance Bad Faith for Florida on
Q: Legal recourse after $16,000 stolen from 401(k) due to identity theft and incorrect 1099-R issued by Fidelity.

My wife had $16,000 stolen from her 401(k) account with Fidelity following an identity theft incident in June. We were not informed by Fidelity until we discovered the account was blocked in November. We have reported this to the police, Identitytheft.gov, and social security. Fidelity claims to be... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 9, 2025

If your money is not refunded, you might have a potential negligence claim against Fidelity, which is likely insured for that. Schedule an appointment with a lawyer in your area who handles civil litigation including negligence claims against financial institutions. The lawyer should promptly... View More

2 Answers | Asked in Identity Theft and Real Estate Law for Maryland on
Q: Identity and mortgage fraud involving LLC and house sale under my name.

I am dealing with identity fraud and mortgage fraud. Someone opened an LLC under my name and also sold a house in my name by signing the documents, leading to financial losses. How should I proceed with this situation?

Thomas C. Valkenet
Thomas C. Valkenet
answered on Mar 3, 2025

You omit key facts that would permit any opinion. For example, was property acquired in your name improperly? Or was property already owned by you fraudulently transferred by another using your name? And do you know any of the participants in the transactions, personally? This is a complex ball of... View More

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2 Answers | Asked in Identity Theft and Real Estate Law for Maryland on
Q: Identity and mortgage fraud involving LLC and house sale under my name.

I am dealing with identity fraud and mortgage fraud. Someone opened an LLC under my name and also sold a house in my name by signing the documents, leading to financial losses. How should I proceed with this situation?

Mark Oakley
Mark Oakley
answered on Mar 6, 2025

Fraud of any kind may be a criminal offense. If you were not involved in any way with the property or the LLC, and this is a complete stranger to you who perpetrated these acts, then you should be contacting the police in the jurisdiction where the property was located or where you believe the... View More

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1 Answer | Asked in Landlord - Tenant, Identity Theft and Civil Litigation for New York on
Q: Received court date after paying past rent. Stolen money orders involved.

I received a notice for non-payment of rent in NYC, but before the deadline, I paid the $2,500 past due rent with money orders that were later stolen and cashed fraudulently. Once I realized the problem, I paid the past and present rent again, totaling $2,500, which the landlord's office has... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 2, 2025

Dear Brooklyn Tenant

You have an initial court date for the nonpayment case because you Answered the Petition. It's not going away on its own. This doesn't mean that the landlord won't discontinue the proceeding on the initial court date since you say that all the rent owed...
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1 Answer | Asked in Collections, Identity Theft and Consumer Law for Maryland on
Q: Can I sue for damages from SSN identity theft affecting mortgage? MD

I discovered an account in collections on my credit report that was fraudulently opened using my SSN. I reported the identity theft to my local police department and disputed the account with Experian, which removed it. However, Transunion has not removed it, and as I'm applying for a... View More

Matthew McKenna
Matthew McKenna
answered on Feb 25, 2025

I would contact a consumer protection attorney familiar with the Fair Credit Reporting Act to determine if there is an actionable claim against Trans Union. If there is an actionable FCRA claim, there's a chance that this increased interest rate can be used as damages but tough to determine... View More

1 Answer | Asked in Health Care Law, Identity Theft and Civil Rights for Texas on
Q: How to address medical treatment denial and personal information hacking issues?

I have been experiencing a situation where a group of people have allegedly hacked into my information and interfered with my medical treatment. For the past 11 months, they have reportedly contacted medical facilities such as Odessa Regional Hospital in Odessa, TX, instructing them not to assist... View More

John Michael Frick
John Michael Frick
answered on Feb 24, 2025

First, you need to identify the people who have hacked into your information and interfered with your treatment. This is not the job of a lawyer. It could be the job of law enforcement or a private investigator who specializes in cyber security.

Second, you need to gather evidence of how...
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2 Answers | Asked in Criminal Law, Identity Theft and White Collar Crime for Maryland on
Q: Arrest for fraud without prior knowledge; not read rights.

I was arrested by Baltimore County police due to a warrant from Anne Arundel County on November 16, 2024. I was unaware of the warrant until I was stopped by the police while driving for Uber. Apparently, a ride I completed, which involved picking up and dropping off an envelope, was related to... View More

Mark Oakley
Mark Oakley
answered on Feb 24, 2025

The only penalty for not being read your Miranda rights is the suppression of any admissions you made during your custody so they would be disallowed as evidence against you at trial. Since you were not questioned, the failure to advise you of your right to remain silent and right to have counsel... View More

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1 Answer | Asked in Consumer Law, Internet Law and Identity Theft for Illinois on
Q: What legal steps can I take after a crypto scam with CashApp and Coinbase in Illinois?

I was a victim of a cryptocurrency scam where my CashApp and Coinbase accounts were hacked. Both companies refuse to refund my losses, claiming that I authorized the transactions. I've reached out to both platforms and filed a police report; however, the investigation is taking a long time,... View More

Manuel Duenas Lopez
Manuel Duenas Lopez
answered on Feb 23, 2025

Hello,

We understand the distress caused by cryptocurrency scams, particularly when financial platforms deny liability. Given the nature of your case—unauthorised transactions on CashApp and Coinbase—you may have several legal and strategic options to pursue recovery.

Immediate...
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1 Answer | Asked in Criminal Law, Identity Theft and Civil Rights for Arizona on
Q: Reasonable time frame for police to release seized phone without a warrant?

I was arrested on January 11th, 2025, in Flagstaff, Arizona, for fraud schemes and identity theft, but no charges have been filed. The police seized my phone without a warrant and have refused to release it, claiming they are awaiting a search warrant. It's now February 20th, and I have... View More

Dwane Cates
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answered on Feb 21, 2025

Generally speaking, the State has 7 years to file felony charges. Given that time frame they can keep the phone for the entire seven years. You can make requests that the phone be returned to you. They should have a warrant by now and if they don't, they might not have probable cause to... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Identity Theft for Florida on
Q: My gf stole my phones and my laptop claiming I have incriminating evidence against me in them.

She claims to have given my property to the police. How do I find out if they actually have my things or if she's still in possession of it all? She has taken over all of my social media platforms and my emails.

Charles M.  Baron
Charles M. Baron
answered on Feb 13, 2025

The police would not have taken possession of those items unless they've officially opened an investigation into suspected criminal activity. While an investigation is ongoing, they generally will not disclose what they have received or are looking at, as it falls under an exemption to the... View More

2 Answers | Asked in Real Estate Law, Identity Theft and White Collar Crime for California on
Q: What can I do if I just found out a family member has forged my signature had a quit claim deed notarized and recorded.

That deed has been notarized and recorded. I found out my mail was being forwarded to a po box down the street. Furthermore, I looked at my credit report and it says I've been working at the Unified School Dist. I DO NOT WORK THERE. but I do have a family member that has been working there and... View More

Pavel Kolmogorov
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answered on Jan 28, 2025

Firstly, you can file an action to quiet title and cancel the forged deed. This type of action involves alleging ownership and possession of the property, stating that the deed is false, fraudulent, and forged, and requesting the court to cancel the deed and declare that the defendants have no... View More

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1 Answer | Asked in Consumer Law, Criminal Law and Identity Theft for New Jersey on
Q: I'm showing a lot of signs of being hacked and also having my personal information stolen and identity theft.

Have over 10 companies listed under my name, now have a new brother born 10 days before me that I know nothing about. Possible identity theft.

Tim Akpinar
Tim Akpinar
answered on Jan 13, 2025

There are attorneys who specialize in this area of identity theft and privacy, but you await a response for a month. At this point, you could track your monthly statements and records closely to look for evidence of fraud or other irregularities. You could report the incidents to your banks, other... View More

1 Answer | Asked in Family Law and Identity Theft for Texas on
Q: My mom died in Springfield Illinois in 1998 at age 58. Bro bought house 2007 and mom is showing as resident. How and Why

She passed away at her and my fathers address in Springfield May 1998. How could she show up as a resident of a home purchased in 2007. That year she would have been 65.

John Michael Frick
John Michael Frick
answered on Jan 2, 2025

It depends on exactly what you mean by "showing as a resident." It very likely could be a simple mistake. Directories and similar companies make errors all the time. For example, from time to time, I occasionally receive advertising mail addressed to my deceased father at my own... View More

1 Answer | Asked in Consumer Law and Identity Theft for Texas on
Q: I just had Rocket Mortgage reach out to me due to them seeign an inquiry from the bureuas that we had submitted a loan

application with our loan officer, they didnt have the right to call or reach out to me and my number is on the DNC

John Michael Frick
John Michael Frick
answered on Dec 26, 2024

You can file a complaint with the Federal Trade Commission via

complaints.donotcall.gov/complaint/complaintcheck.aspx

The offending party could receive a fine for violating the do-not-call registry statute.

2 Answers | Asked in Consumer Law, Identity Theft and Banking for California on
Q: How can I get a bank to give me back my money after I been in a identity theft
Matthew McKenna
Matthew McKenna
answered on Dec 16, 2024

You should immediately dispute the issue with the bank (and preferably in writing). You'll likely also want to complete a police report to give to the bank to verify the identity theft and respond accordingly if the bank asks for any follow up information from you. Keep track of everything on... View More

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2 Answers | Asked in Criminal Law and Identity Theft for Texas on
Q: is the police department trying to pull a fast one on me?

kinda a long story but the gist of it is i have an exgirlfriend that stole my credit card info and used it 4 months after we broke up for over $2,000 with 70+ transactions over the course of a single month.

the detective is telling me that because i gave her my card to get food at one point... View More

John Michael Frick
John Michael Frick
answered on Nov 18, 2024

It is not legal, but police may not make an arrest or submit criminal charges to the district attorney for prosecution. They most likely will consider it a civil matter.

You can timely challenge any charges she makes with your credit card company as fraudulent use of your credit card. You...
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1 Answer | Asked in Identity Theft and Small Claims for Georgia on
Q: My food stamp card was compromised when I placed a order online for groceries. Some how someone got my info

Also 1 other issue. On the 3 placed a order for delivery they sent to a different address and want refund my $

Tim Akpinar
Tim Akpinar
answered on Oct 16, 2024

A Georgia attorney could advise best, but your question remains open for two weeks. You've probably already done so, but making proper notifications could prevent future attempts to use the card info. It could be worth check financial records more closely for now, in the event that other... View More

2 Answers | Asked in Contracts, Civil Rights and Identity Theft for New York on
Q: Why are names written in all capital letters on citations and court cases?

My friend wanted me to ask why names on legal documents are written in all capital letter. He believes that this creates a legal fiction, and a "dead corporate entity". I told him that it is a way of promoting conspicuity in documents; making things easier to see especially if they are... View More

Tim Akpinar
Tim Akpinar
answered on Oct 9, 2024

It is like you say, for conspicuity. Proper names are generally all caps. The designations (plaintiff, defendant, appellant, appellee, etc. are not generally all caps). I'm not familiar with the "dead corporate entity" rationale you mention when it comes to capitalization protocols.... View More

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2 Answers | Asked in Federal Crimes and Identity Theft for Massachusetts on
Q: what type of lawyer do I need for a fraud?

Rental agreement, banking.

Tim Akpinar
Tim Akpinar
answered on Oct 7, 2024

A Massachusetts attorney could advise best, but your question remains open for two weeks. If you're the one being accused of the fraud, and it has risen to a criminal level (insurance company or public agency making an accusation of fraud), then a criminal defense attorney consult could be a... View More

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1 Answer | Asked in Consumer Law and Identity Theft for Virginia on
Q: Honda Financial attached my SSN to someone else's loan

No details regarding amount, if in state or not and they told me "We don't know if this is really you." After freezing my credit, submitting a report to the FTC, Honda Financial & taking time off of work to file a report with Local Law Enforcement, they still would not provide... View More

Matthew McKenna
Matthew McKenna
answered on Oct 2, 2024

I would certainly recommend contacting a consumer protection attorney as soon as possible that will offer a free consultation. It appears that you disputed this information with Honda Finance but I would also recommend disputing the information with the credit bureaus. You'll want to send the... View More

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