Identity Theft Questions & Answers by State

Identity Theft Questions & Answers

Q: Can someone get a vehicle financed but get the check in someone else's name without them knowing?

1 Answer | Asked in Contracts, Products Liability, Federal Crimes and Identity Theft for Mississippi on
Answered on Jun 12, 2017

You would know if he financed it. If you sold it you got the proceeds because it's in your name.

He should ask you just to sign the check over to him.
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Q: What's the best way to find out if someone has used my social security number?

1 Answer | Asked in Identity Theft for New York on
Answered on Jun 9, 2017

Run your credit report at annualcreditreport.com. It is free.
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Q: If someone asked you to sign their signature for them, is it legal to do so?

1 Answer | Asked in Contracts, Criminal Law, Civil Rights and Identity Theft for California on
Answered on Jun 9, 2017

It depends upon the document and whether your signature acknowledges this request in writing. Generally, that's a no-no. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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 areas of law: Business &...
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Q: Is it legal for a bank or one of its employees to share personal financial or account activity with private citizens?

2 Answers | Asked in Banking, Libel & Slander, Consumer Law and Identity Theft for New York on
Answered on Jun 4, 2017

Banks are fiduciaries. That means that your interests should be above their own. They do not or should not share any private information with anyone unless by court order or with your consent. Sometimes customers make bank's employees their trustees (giving them more discretion) to invest funds and as part of doing so they may have limited authority to disclose but usually do so carefully.

You have not stated exactly what was shared. You have also not mentioned whether the...
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Q: my question concerns embezzlement of a contract in which I was a joint tenet with my now deceased brother...

1 Answer | Asked in Criminal Law, Consumer Law, Identity Theft and Securities Law for California on
Answered on May 22, 2017

You may be able to sue for the forgery and fraud, and you can report crimes to the police and the attorney general. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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 areas of law: Business &...
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Q: A guy was arrested and used my sons name.He's black and my son is white, but records show it as my son's.How is that?

1 Answer | Asked in Criminal Law and Identity Theft for California on
Answered on May 22, 2017

You may need to appeal the conviction due to identity theft, and you may need to report the identity theft to the FBI and local police. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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 areas of law:...
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Q: What are the stalking laws in Utah? My life has been threatened. They R trying to use Sharia Law in the United States.

1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and Civil Rights for Utah on
Answered on May 16, 2017

If you feel you are bein stalked you need to report it to the police. If you have been threatened you also need to report that to the police. I have no idea what you are saying about Sharia law. This is Utah. It is Mormon law here.
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Q: Can a bank charge you for money that was deposit into account without knowledge or permission after they find it is fake

1 Answer | Asked in Banking, Criminal Law, Federal Crimes and Identity Theft for California on
Answered on May 8, 2017

Oversimplified possibilities: First, a person does not have a right to keep money that was never their money. But, if someone paid that person for a valid reason, and that someone paid with a fake check that essentially stole money out of another's account, then another should get their money back--probably what the bank is trying to do here. Nevertheless, the person could bring an action against the someone to get paid. This does not make the check unfake, but the check could be used as...
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Q: someone opened a checking account in my name without my permission, would this be something worth getting a lawyer for?

1 Answer | Asked in Banking, Consumer Law, Criminal Law and Identity Theft for Illinois on
Answered on May 8, 2017

How could all of this be going on without you being aware of it.

Banks send monthly statements. Anyway, they don't honor checks if there is no money in the account.

Credit cards do the same thing. They send monthly statements and if you go over they refuse to honor charges.

If there is something you didn't sign, contact the bank or credit card company and have them cancel whatever.

A
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Q: Responsible for ex spouse loans fraudulently taken out using forged signature?

1 Answer | Asked in Identity Theft, Divorce and Family Law for Tennessee on
Answered on May 2, 2017

Your question/statement is unclear- If I understand it- No, you are not responsible for a loan if someone forged your signature on it. However, you must prove the forgery ( it may take a handwriting expert). You should report this immediately to local law enforcement- forgery is a crime ( a felony) so you must report it and assist the police in prosecuting the offender. If you don't, it look like you are helping/aiding the offender.
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Q: I just found out someone made an impersonation account of me on Instagram, what can i do?

1 Answer | Asked in Identity Theft for New York on
Answered on Apr 27, 2017

You can report the abuse to IG. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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 areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
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Q: My brother died without a will. He was on my mortgage. Can I file probate or must his wife?

2 Answers | Asked in Identity Theft and Probate for California on
Answered on Apr 18, 2017

Either of you can file for probate. You can have an attorney investigate the facts re: the alleged fraud.

See: http://www.aeesq.com/business-law/real-estate-fraud/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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,...
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Q: Is a credit reporting agency required in any way to let me know if my identity has been stolen?

1 Answer | Asked in Identity Theft for California on
Answered on Apr 14, 2017

No, but you can let them know to try to correct reporting errors. You may need a judgment or other evidence to prove identity theft. You can report identity theft to the police and FBI. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. 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...
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Q: What court system do I report tax fraud after reporting to the IRS?

1 Answer | Asked in Identity Theft and Tax Law for District of Columbia on
Answered on Apr 10, 2017

The IRS investigates and prosecutes tax fraud. Once you report it to them, they handle it from there. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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Q: How do I change my social security number?

1 Answer | Asked in Identity Theft for New York on
Answered on Apr 8, 2017

It is nearly impossible, but you have to go to the social security office and apply.
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Q: If a person calls impersonating a lawyer is it an arrestable offense?

1 Answer | Asked in Libel & Slander, Criminal Law, Federal Crimes and Identity Theft for Georgia on
Answered on Apr 7, 2017

Possibly so, but the circumstances of the event will determine that. For example, if the person claimed being an attorney to convince you to send him/her money to settle a lawsuit or claim, that would likely be something a Prosecutor would want to pursue. Having a recording of the exact statements or criminal acts is ideal since Georgia allows one party of a conversation to record the other party speaking.

William C. Head

Atlanta GA

(See information here about one-party...
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Q: Are cops allowed to search someone's hotel room because of someone that was there who was on probation?

1 Answer | Asked in Criminal Law, Civil Rights and Identity Theft for California on
Answered on Mar 27, 2017

Usually a warrant would be required for non-consensual search of a 3rd party's home.

See: http://le.alcoda.org/publications/point_of_view/files/probation_searches.pdf.

See also: http://le.alcoda.org/publications/point_of_view/files/RAMEY.pdf, which says in relevant part:

" (1981) 451 U.S. 204, 205-6. ALSO SEE U.S. v. Litteral (9th Cir. 1990) 910 F.2d 547, 553 [“(U)nder Steagald, if the suspect is just

a guest of the third party, then the police must obtain a...
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Q: Someone stole my identity - am I able to appeal a credit score that went down because of that?

1 Answer | Asked in Identity Theft for New York on
Answered on Mar 16, 2017

Absolutely. You need to contest any improper entry, put a fraud alert on your reports and make a police report.
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Q: Where do I go and how do I file and what do I need for a Lis pendens

1 Answer | Asked in Real Estate Law, Identity Theft and White Collar Crime for California on
Answered on Mar 9, 2017

Your question is unclear. Are you wanting to record a Lis Pendens notice against real property in the County land records against someone else's property? Or are you wanting to know how to remove one that has been recorded against property you own?

If the former, you first would probably need to file a lawsuit involving the property before recording a Lis Pendens notice. And not every type of lawsuit may give rise to the right to file one. You need to consult an experienced real...
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Q: My daughter's school lunch account has been misused by unauthorized user(s) at her middle school.

1 Answer | Asked in Identity Theft for California on
Answered on Mar 8, 2017

Is this a private or public school? It sounds like theft that should be reported to the police for investigation. If the school is acting negligently, you may be able to sue if negotiations or complaints are unfruitful. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website....
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