Identity Theft Questions & Answers by State

Identity Theft Questions & Answers

Q: My grandmother passed away but someone got ahold of her credit card information and made charges both before and after

2 Answers | Asked in Identity Theft for New York on
Answered on Oct 18, 2017

The estate is not responsible.
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Q: can I press charges for bank fraud of my account against someone that has a temporary order of protection against me?

1 Answer | Asked in Criminal Law, Identity Theft and Small Claims for New York on
Answered on Oct 18, 2017

Speak to the DA or go to the police station and make a police report. Furthermore, please be careful not to violate the protective order. As far as getting your money back or 'pressing charges', you can always hire a civil litigator to handle the civil aspects of the case for you.
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Q: What are the penalties for using phone numbers for marketing purposes--when the numbers are protected from such use

1 Answer | Asked in Business Law, Federal Crimes, Identity Theft and Consumer Law for Utah on
Answered on Oct 16, 2017

if consumer credit reports are being pulled from Credit Reporting Agencies and used for cold calling customers by phone, that would be a willful violation of the Fair Credit Reporting Act. Their is a statutory damage provision for damages up to one thousand per person. Whistelblowers have rights under Federal Law. You can get more information at hwh-law.com
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Q: What can I do if my mother and law used my wife's social security # to open a credit account without permission?

1 Answer | Asked in Identity Theft, Small Claims and Social Security for Missouri on
Answered on Oct 11, 2017

you need to dispute the false credit reporting directly with the credit reporting agencies and the credit card company.

You can go to our law firm website and click on the link Credit Reporting Errors for detailed and specific instructions on what the letter that your wife will need to sign. Our firm name is Humphreys Wallace Humphreys which you should be able to locate with a search. You can also go to identify theft.gov and obtain more information. Contact an attorney who handles ID...
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Q: How do I go about getting things rolling on my bosses probate? His wife hasn't turned anything in & is comimitting fraud

2 Answers | Asked in Estate Planning, Federal Crimes, Identity Theft and Probate for Florida on
Answered on Oct 9, 2017

You should talk to a probate attorney. How would you be an interested person in your boss's estate?
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Q: I keep getting harassed by debt collectors over a debt that was not mine and was included in a bankruptcy. Its been 14yr

1 Answer | Asked in Bankruptcy, Consumer Law and Identity Theft for Georgia on
Answered on Oct 4, 2017

from the sound of your email you have a very solid case. You need a lawyer to represent you. You should not pay anything. You have claims for invasion of privacy and likely, the Fair Debt Collection Practices Act. Search the internet or contact my office if you'd like.
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Q: I recently found out that my aunt forge my signature and cashed out some stock that my grandfather left .

1 Answer | Asked in Estate Planning, Identity Theft, Legal Malpractice and Probate for California on
Answered on Oct 3, 2017

Dear Corona:

Yes, there is a statute of limitations on forgery. Actually, forgery is a criminal offense, while in civil law it is conversion. Although there are a number of other civil causes of action that can arise of someone forges a document. For example, if the forger is also the executor of an estate or trustee of a trust, then there is an additional cause of action for Breach of Fiduciary Duty.

And, there is a rule called "Delayed Discovery." Essentially, if the act was...
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Q: How can I get the bill out of my name without filing a police report

1 Answer | Asked in Identity Theft and Consumer Law for Massachusetts on
Answered on Oct 2, 2017

Go to the FTC website, IDTheft.gov and download an ID Theft Affidavit. Present that to the utility company. If they harass you after you fill out the affidavit and provide it to them, get a solid consumer protection law firm to help you.
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Q: Can I sue the hospital that help falsified a government birth certificate document which now I'm paying child support

1 Answer | Asked in Child Support, Gov & Administrative Law and Identity Theft for Illinois on
Answered on Oct 1, 2017

Need more info.

How did child support get implemented.

Is there a court order.
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Q: Can a business retain any portion of stolen money, innocently received?

2 Answers | Asked in Banking, Business Law, Federal Crimes and Identity Theft for New York on
Answered on Sep 27, 2017

No. You owe the money back. There are criminal issues here too. Make a payment plan.
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Q: My husband opened and used a credit card account in my name, without my consent. What can I do?

1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Identity Theft for Kansas on
Answered on Sep 26, 2017

Assuming you want him to be criminally prosecuted for it, gather all of the papers you have regarding this account and go to your local police and make a police report.
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Q: When does the statute of limitations start for Identity Theft Cases where the Bank was used for the ID Theft?

1 Answer | Asked in Identity Theft for Iowa on
Answered on Sep 18, 2017

I recommend you speak with an attorney in your jurisdiction because your question is complex and depends on what claims you bring. In other words, certain federal claims have a one or two year statute of limitations, while some state law claims expire only after three, five or even longer period of years. The general rule is that a cause of action accrues and the time period to sue begins to run when you first can maintain a case, meaning you have sustained damages. The discovery rule may or...
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Q: The equifax data breach can I sue in small claims for lifetime cost to protect myself class action won't cover 1 yr

1 Answer | Asked in Consumer Law, Products Liability, Identity Theft and Small Claims for North Carolina on
Answered on Sep 11, 2017

You can try but they will likely fight it and the law is very complicated.
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Q: can i seal my criminal record without an attorney?

1 Answer | Asked in Identity Theft for Ohio on
Answered on Sep 11, 2017

Some people are successful doing this on their own. Others are not. I can't count how many people I've helped get a record sealed after they failed on their own.
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Q: How can my friend stop a grant deed that is fraud,?

1 Answer | Asked in Criminal Law and Identity Theft for California on
Answered on Sep 6, 2017

He may need to sue for fraud and file a motion to quiet title. He may also need to report this to the police as a financial crime. 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, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following...
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Q: if your lawyer tells you that someone used your case to cover their case, would that be a dismissal for your case?

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Identity Theft for California on
Answered on Sep 1, 2017

That's a really good question to ask your lawyer.
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Q: My credit card company is refusing to work with me when someone with my same name opened a credit card account that's

1 Answer | Asked in Identity Theft for Texas on
Answered on Aug 31, 2017

Go to HWH-law.com and click on the tab identity theft. You can see how to write the needed letter and what you need to say. The good news is that many times a well written letter makes the problem end. If not, you have rights and you will want to contact a lawyer that handles FCRA and ID Theft cases. Good luck!
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Q: can i have my estranged husband arrested for his forging of my signature on DMV titles and selling the vehicles?

2 Answers | Asked in Identity Theft for New York on
Answered on Aug 28, 2017

Only the police can make an arrest. Thus, if you contacted them, and they will not, then they will not. You can sue civilly if you are correct.
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Q: My grandfather died and charges ended up on his credit card after he passed away in a state he's never visited. The

1 Answer | Asked in Identity Theft for California on
Answered on Aug 9, 2017

I am sorry for your loss. Unless you signed on as an authorized user on the account, you are likely not responsible for any of the charges; either those made before or after he passed. If you signed up for the card, you may be liable. Ask the credit card company for a copy of what you signed that they say makes you owe on the account. If they don't have anything, i would not pay. If the credit card company calls you or if they assign the debt to a debt collector, be sure to tell them what...
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Q: My brother died in 2015,no spouse,children,and me,2 brothers are his closest kin.

1 Answer | Asked in Real Estate Law and Identity Theft for Virginia on
Answered on Jul 31, 2017

This is definitely one where you will want to speak with an attorney. As an owner of the real estate, you have several alternatives.
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