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New York Identity Theft Questions & Answers

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

Q: How can we recoup material or make someone pay that used a stolen credit card to purchase goods

Michael David Siegel answered on Jul 26, 2019

If there is a criminal case, restitution will be part of any judgment. If not, you can sue. But, these debts are hard to collect.

2 Answers | Asked in Banking, Federal Crimes and Identity Theft for New York on

Q: I was a victim of identity theft. bank where card was opened is refusing to send me documents I am legally entitled

Is there any legal recourse? The bank has been dishonest multiple times, I have by mail requested the application which they approved in my name (spelled incorrectly and wrong mothers maiden name etc) and they are refusing to send me the application. According to government websites they cannot... Read more »

Michael David Siegel answered on Jul 21, 2019

The bank is right. If the card was canceled you have no damages. If you made a police report, then the police investigate the account, not you. The bank records are not yours, by your own allegation. You can sue and do a subpoena, but I am not sure what the suit would be claiming.

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1 Answer | Asked in Identity Theft for New York on

Q: What kind of attorney should I seek for a theft in my apartment, when a cleaning company sent a cleaning lady

Grand Larceny, reported to police.

Michael David Siegel answered on Jul 15, 2019

How much was stolen and what is your proof the cleaning lady did it and of the value of what was taken.

1 Answer | Asked in Consumer Law, Identity Theft and Small Claims for New York on

Q: I was a victim of a credit card scam where my laptop was stolen what can I do?

I lost both my laptop and the money that was my paid to me due to a fake credit card through facebook marketplace. I know the real name of the person who stole from and his facebook and Instagram accounts. What can I do?

Michael David Siegel answered on Jun 28, 2019

Go to the police. Make a report with all the details. Then, report it to the credit card company. You will be asked to do a fraud affidavit.

2 Answers | Asked in Identity Theft and Social Security for New York on

Q: Should papers with a persons SSN be destroyed even if they have passed on long ago?

I found a quantity papers relating to my grandparents. I assume old utility bills and store receipts may be discarded for recycling. However, many papers are tax returns or letters of communication with Social Security . Could these be used for identity theft even though the people involved have... Read more »

Michael David Siegel answered on May 30, 2019

There is no harm. They are marked as deceased on credit reports and social security.

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1 Answer | Asked in Identity Theft, Real Estate Law, Family Law and Personal Injury for New York on

Q: This Stranger took us to court for possession of our house and lost. Judgement was decided against her.

8 months later because she saw boards on our house she stole all the contents, ID's then changed deed to her name. Stranger not heir.

Michael David Siegel answered on May 20, 2019

This appears to have civil and criminal components. Call the police to report what happened. Then you can consider suing the person for damages. A deed change requires a Supreme Court lawsuit.

1 Answer | Asked in Civil Rights, Identity Theft, Personal Injury and Real Estate Law for New York on

Q: We won judgement that it is not plaintiffs house. Fatally defective paperwork and no monetary exchange.

Plaintiff put her name on our house eight months later after stealing all of our worldly possessions.Recently put a fence up that i can't enter my own property. Notary public papers i was not privy to seeing. Removed by police i was!!!!!

Elaine Shay answered on May 11, 2019

There appears to be a lot more to your story than you have been able to post here. It would probably be necessary to sit down with an attorney and take the time to fully explain your situation to receive meaningful advice.

2 Answers | Asked in Consumer Law, Criminal Law, Identity Theft and Small Claims for New York on

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

Michael David Siegel answered on Feb 13, 2019

Contact the credit card companies to report it. Report it to the credit bureaus as a fraud. File a police report.

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1 Answer | Asked in Collections, Education Law and Identity Theft for New York on

Q: student loan

i am being accused of a loan i have no connection with, my name is right other information are wrong i did notify higher education my information have been compromised with, i did my own investigation trying to locate the school, i was told that school was cloed years ago, i google it, they were... Read more »

Michael David Siegel answered on Jan 30, 2019

Deny everything in writing. Call the US Department of Education to report the fraud as well.

1 Answer | Asked in Identity Theft for New York on

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

Michael David Siegel answered on Nov 30, 2018

There are usually class actions for this if you are referring to one of the cases in the news.

2 Answers | Asked in Identity Theft for New York on

Q: If I use my husband's Amazon account and credit card without his knowledge, is this technically a form of ID theft?

Michael David Siegel answered on Nov 9, 2018

It is not ID theft. It is plain criminal theft.

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3 Answers | Asked in Criminal Law, Identity Theft and Small Claims for New York on

Q: What is the best way to go about check fraud?

My ex-boyfriend took 5 checks from me and wrote them out to himself. Signed my name and everything. The total loss was $3095. I have made a claim with my bank, what is the best course of action to hold him responsible and get my money back?

Aubrey Claudius Galloway answered on Oct 16, 2018

Our firm routinely handles these small claims cases for a flat rate of $725.

I’m NY, small claims court has subject matter jurisdiction over amounts in dispute between $0 and $5000; civil court between $5000 and $25,000, and supreme court in New York entertains cases where the amounts...
Read more »

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1 Answer | Asked in Consumer Law and Identity Theft for New York on

Q: Voluntary discontinuance. form Foster and Garbus in case however its don't say with prejudice was my dads debt.

my dad passed away 2010 and they all keep coming after me

Michael David Siegel answered on Oct 1, 2018

It does not matter now. The statute of limitations would be expired. Plus, you are not liable for dad's debts.

2 Answers | Asked in Identity Theft for New York on

Q: Who do I report an incidence of identity theft to in New York? My city? Or some higher-up entity?

Michael David Siegel answered on Sep 22, 2018

The police, and any company impacted like your bank, etc. Also, put a fraud alert on your credit report.

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1 Answer | Asked in Identity Theft for New York on

Q: What is the punishment for someone using another person's Social Security number?

Michael David Siegel answered on Sep 2, 2018

It depends what they did, where they did it, and if it was with consent or not.

3 Answers | Asked in Consumer Law, Criminal Law and Identity Theft for New York on

Q: Hi i was given a desk appearance ticket due to a false report but I then told the truth will I just be facing probation?

Hi i was given a desk appearance ticket due to a false report but I then told the truth will I just be facing probation and no jail time I’m almost 7 months pregnant and have a 4 year old Please help firt time I’ve ever been to court or have written a roport or anything in scared

Michael David Siegel answered on Jul 25, 2018

Go to court. Ask for a conditional dismissal, which means if you have a clean record for six months, the charge is dropped.

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1 Answer | Asked in Identity Theft for New York on

Q: I found out someone is using my name and they have a criminal record - what do I do to wipe that off?

Michael David Siegel answered on Jul 21, 2018

It depends on what they did. Make a police report. Contact each fake debt and make a fraud report. On your credit report, put a fraud alert.

1 Answer | Asked in Criminal Law and Identity Theft for New York on

Q: What happens if I was given an HR password and used it to log into the account and saw information about myself?

Someone at work has given me the password to HR gmail account. They told me to look in it for something related to my company trying to terminate me. I looked but cleared my browser history. I mistakenly kept the password in a draft message in my email gmail account. What criminally can I be... Read more »

Aubrey Claudius Galloway answered on Jun 22, 2018

Although you "could be charged" by the police for a violation or low-level misdemeanor (like criminal mischief), the DA will probably decline to prosecute and even if they do, nothing will likely come of it. You lacked the "Mens Rea" (or guilty mind) for a more serious criminal offense or to make... Read more »

1 Answer | Asked in Identity Theft for New York on

Q: I just found out someone in my family forged checks under my name

- how long do I have to report this to make sure I don't get penalized?

Michael David Siegel answered on Jun 5, 2018

Immediate. Also, you may be responsible anyway.

1 Answer | Asked in Identity Theft for New York on

Q: Father in law using husbands personal information without consent.

My father in law used to live with my husband and I, but he moved away to FL and we dont speak due to unfortunate circumstances. We got paper mail with his name and my husbands name on it. Apparently he opened an account with a stocks/investment company using his own name and my husbands name,... Read more »

Michael David Siegel answered on May 18, 2018

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.

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