Identity Theft Questions & Answers by State
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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
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.
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.
Q: Father in law using husbands personal information without consent.
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.
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.
Q: what is the punishment for credit card theft in Texas?
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.
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.
Q: i just got a letter from district attorneys office stating the office filed a complaint charge against me for identity
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.
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.
Q: Is it legal for a woman to use her maiden and married name,as two separate entities and destroy the credit of separated
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
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.
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?
You didn't include enough information. Is this debt allegedly owed by the husband? Was the mortgage note allegedly signed by him?
Q: Is it recommended that you get a new social security number if you feel it's been compromised?
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.
You can try, but actually it is VERY hard to change numbers. Put a fraud alert on your credit report.
Q: How can a person be indited whit out being chraged of the crime i never recived a citation or court for
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.
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.
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
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...
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
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.
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?
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.
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
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.
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?
Ellen Cronin Badeaux's answer
If you are going to trial, ask your lawyer. You didn't even say what the charge is.
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
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.
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.
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
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?
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.
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
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
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
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...
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?
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
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
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