Identity Theft Questions & Answers by State

Identity Theft Questions & Answers

Q: I was charged with theft of Identity but there is nothing linking me to it but the victims word.

1 Answer | Asked in Criminal Law and Identity Theft for Kentucky on
Answered on Mar 15, 2019
Timothy Denison's answer
Your phone being used could make a prima facie that you were involved. You need to hire a competent criminal defense attorney to represent you.

Q: Can trademarked brand names be used for different product categories, or are they owned solely for all categories?

1 Answer | Asked in Copyright, Identity Theft, Intellectual Property and Trademark on
Answered on Mar 13, 2019
Marcos Garciaacosta's answer
In the USA Trademarks in general are filed and offer protection for specific classifications or categories.

Think of Delta.

Delta airlines. Delta faucets. Delta Dental. Delta power supplies.

All distinct products or services offered by different companies.

You have to pay and show use for each classification.

This may be different in other countries, but most follow the same process as the USA

Ask for a consult if you need further guidance.

Q: My bank leaked all my sensitive personal information via email to another person

2 Answers | Asked in Banking, Civil Litigation, Consumer Law and Identity Theft for Florida on
Answered on Mar 5, 2019
Terrence H Thorgaard's answer
Unless there is a statute giving you the right to recover a penalty in the absence of provable money damages, you can't recover. The old adage "no harm; no foul" would apply.

Q: Why are law schools still admitting law students when the legal market is over-saturated?

1 Answer | Asked in Identity Theft and Lemon Law for Utah on
Answered on Mar 4, 2019
Wesley Winsor's answer
You question smacks of cynicism, but I'll play along. The simple answer goes back to economics. They are offering a product, a J.D., for a certain price and there are willing buyers at that price (students matriculating).

That being said, I don't know a single attorney who has been practicing on his own more than 1 year who doesn't have anything to do.

Q: what does False Impression add to a sentence of Theft by Deception over$500 less than $10k

1 Answer | Asked in Criminal Law and Identity Theft for Kentucky on
Answered on Mar 3, 2019
Timothy Denison's answer
No. It is simply one type of Theft By Deception. The penalty remains the same.

Q: my old roommate has been using my payroll card for months...

1 Answer | Asked in Criminal Law, Identity Theft, Small Claims and Employment Law for Indiana on
Answered on Feb 26, 2019
Alexander Florian Steciuch's answer
What's the question? Report him to the police, freeze your credit if you are afraid that a loan has been taken out in your name or other accounts established and look into filing a claim against him for any damages you have incurred.

Q: I parked a rented car in the IHOP Parking lot and someone broke the window and took my documents, cash and luggage.

2 Answers | Asked in Criminal Law and Identity Theft for California on
Answered on Feb 17, 2019
Dale S. Gribow's answer
more info needed....

however, without injuries, this is the type of case a lawyer would probably only handle on an hourly and I suspect you may not be in a position to do so.

you can, however, sue in small claims court for up to $10,000.......but you still have to prove negligence

Q: How do I start to end credit card fraud and I think I know who did it to me?

2 Answers | Asked in Consumer Law, Criminal Law, Identity Theft and Small Claims for New York on
Answered on Feb 13, 2019
Michael David Siegel's answer
Contact the credit card companies to report it. Report it to the credit bureaus as a fraud. File a police report.

Q: For about 8 months or more, my cell phone was illegaly wiretapped by law enforcement? What can I do? I have proof.

1 Answer | Asked in Antitrust, Civil Litigation, Identity Theft and Personal Injury on
Answered on Feb 4, 2019
Peter N. Munsing's answer
Suggest you contact the Texas Civil Liberties union and ask for the names of cooperating attorneys near to where you live. You would have to show damages--some are implied, others not.

Q: student loan

1 Answer | Asked in Collections, Education Law and Identity Theft for New York on
Answered on Jan 30, 2019
Michael David Siegel's answer
Deny everything in writing. Call the US Department of Education to report the fraud as well.

Q: AN OLD FRIEND OF MINE STOLE MY DEBIT CARD AND WHEN I CONFRONTED HER SHE WONT GIVE IT BACK

1 Answer | Asked in Criminal Law and Identity Theft for Massachusetts on
Answered on Jan 24, 2019
Ali Shahrestani, Esq.'s answer
Nobody can predict what the police will do. If she stole your property, you can report this theft to the police. You would be wise to consider reporting this to your bank to protect your assets. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,...

Q: How do I find if someone has filed guardianship, POA, or anything else pertaining to me in court

1 Answer | Asked in Family Law, Child Custody and Identity Theft for Arizona on
Answered on Jan 21, 2019
Rich J. Peters' answer
You can check here:

http://www.superiorcourt.maricopa.gov/docket/ProbateCourtCases/caseSearch.asp.

Or maybe here:

https://apps.supremecourt.az.gov/publicaccess/caselookup.aspx?AspxAutoDetectCookieSupport=1.

If there is more I can do to assist, please let me know.

Q: What charges can a person face for unauthorized use of a debit card and unauthorized access to an email account?

1 Answer | Asked in Criminal Law and Identity Theft for Virginia on
Answered on Jan 12, 2019
Daniel P Leavitt's answer
The credit/debit card theft is a crime as is credit card fraud. Debit cards are considered credit card. So you have any number of crimes it would be. I am not familiar with the email access but I am positive that that's a crime as well if there was no permission. Credit card theft (not use, just being in possession of a stolen card they know is stolen) is punished like grand larceny.

Q: Can I sue a person, posing as a company, asking me to pay with bitcoin or walmart gift cards?

1 Answer | Asked in Criminal Law and Identity Theft for California on
Answered on Dec 23, 2018
Dale S. Gribow's answer
need more info

anyone can sue anyone for anything at any time.

the more important question is can you afford to hire a lawyer on an hourly and pay costs?.............and then were you damaged or was it prospective only?

Q: Can I sue the company whose data was breached and caused my identity theft?

1 Answer | Asked in Identity Theft for New York on
Answered on Nov 30, 2018
Michael David Siegel's answer
There are usually class actions for this if you are referring to one of the cases in the news.

Q: A woman took money from my daughter saying it was for rent for 1year what can we do

1 Answer | Asked in Federal Crimes, Identity Theft, Landlord - Tenant and Social Security for Oregon on
Answered on Nov 9, 2018
Gregory L Abbott's answer
Assuming you can prove it, and it occurred in Oregon, your daughter simply needs to review everything in detail with a landlord-tenant attorney who practices in the same geographic area as the rental. Good luck.

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