Lawyers, Answer Questions  & Get Points Log In
Virginia Identity Theft Questions & Answers
1 Answer | Asked in Banking, Identity Theft and Small Claims for Virginia on
Q: dealing with USAA and identity theft & they continue to allow our account to be breached despite our daily calls. HELP

They’ve sent checks & debit cards to other addresses despite our contact with their fraud department. We haven’t even been reimbursed yet for our checking & savings being wiped clean. While we were on the phone Friday locking down the accounts we watched as someone transferred our savings into... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 9, 2019

This sounds like some sort of an insider electronic hacking situation. If the amount of money is worth it, try hiring a lawyer to take up the job of fighting with the USAA bureaucracy instead of you having to do it. The first order of business would be to move all the money you still have at USAA... Read more »

1 Answer | Asked in Criminal Law and Identity Theft for Virginia on
Q: What charges can a person face for unauthorized use of a debit card and unauthorized access to an email account?
Daniel P Leavitt
Daniel P Leavitt answered on Jan 12, 2019

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... Read more »

1 Answer | Asked in Employment Law, Personal Injury, Identity Theft and Social Security for Virginia on
Q: My social security number was shared to over 350 employees in an email without my knowledge or consent. What can I do?

I work for a federal government agency (Org A), while representing and employed through Org A, I assisted a separate federal government agency (Org B) on a project. For my contributions upon completion of the project, Org B gave me a small monetary award. After a long 2-year HR process between Org... Read more »

Mr. Beau Correll
Mr. Beau Correll answered on Jan 7, 2018

I'm very sorry that this happened. You should understand, though, that no matter how jarring or tortious an act may be that certain strict time limits apply. I believe that your factual scenario may touch upon two areas of the law - the first is state tort law and the second is federal employment... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and Social Security for Virginia on
Q: My mother opened a credit card in my name using my social security number. What can she do? Without pressing charges

I would prefer not to press charges. She is being uncooperative. What can I do.

Bryan J. Jones
Bryan J. Jones answered on Dec 18, 2017

If you don't want to press charges, you can contact the credit card company and ask them to cancel the card and any transactions your mother ran on the card. You may be able to file a civil lawsuit against her, but you'd almost certainly have to pay an attorney a significant retainer and you're not... Read more »

1 Answer | Asked in Stockbroker Fraud, Criminal Law, Federal Crimes and Identity Theft for Virginia on
Q: If a person has 40 charges of identity theft credit card forgery and credit card fraud. What would the punishment be?

Never really been in trouble. The total loss was less than 5,000 and it was done online ordering things. Only evidence is email of the person who used the credit card. 19, were Class 5&6 felony and rest is misdemeanor

Susan Fremit
Susan Fremit answered on Dec 18, 2017

It will depend on whether the alleged offenses can be proven and if yes, how many the commonwealth will proceed on. Sentencing guidelines may be increased by any prior record you have.

1 Answer | Asked in Real Estate Law and Identity Theft for Virginia on
Q: My brother died in 2015,no spouse,children,and me,2 brothers are his closest kin.

A friend of his appointed himself to be the administrator(small estate),but he has personal interests,doesn't keep us up on taxes,liens,even gets my brother's mail,lives in the mobile home my brother lived in.We want to sell all of the property,about 6 acres in this county,another 5 or more in... Read more »

John Andrew Maghamez
John Andrew Maghamez 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.

1 Answer | Asked in Civil Litigation, Collections and Identity Theft for Virginia on
Q: Proving fraud in garnishment case

A credit card was opened in my name in may 2005 when i was 17 and still living with my parent. I had no knowledge of this credit card until 3 weeks ago when my checks started being garnished before my court hearing.i contacted the collection agancy and they were supposed to send me fraud paperwork... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jul 11, 2017

You should bring evidence of your age in 2005 when the credit card was opened.

1 Answer | Asked in Contracts, Personal Injury and Identity Theft for Virginia on
Q: Need someone's help to sue a previous employee for computer trespass and altering files, opening a paypal account w

My SSN, using my American Express common wealth wants to pursue but says no proof of malicious intent

Peter N. Munsing
Peter N. Munsing answered on Sep 22, 2016

Not sure about no proof of malicious intent--unless they mean they didn't do anytihing with the paypal account. You need to have a member of the Virginia Trial Lawyers Assn give you a free consult and look to getting a cease and desist action, possibly an injunction. Maybe get the thoughts of the... Read more »

1 Answer | Asked in Criminal Law, Identity Theft and White Collar Crime for Virginia on
Q: I was sent what my bank has determined to be a fraudulent cashiers check by someone who clearly intended to defraud me

I did not deposit the check. Has any crime been committed?

Gary D. Godman
Gary D. Godman answered on Sep 1, 2016

Possibly. If you are a victim of attempted fraud, you should contact your local police or sheriff's department. If the banking system is involved, other law enforcement organizations may need to know about the attempt.

1 Answer | Asked in Identity Theft for Virginia on
Q: If I am the victim of identity fraud can go after the state ?
Susan Fremit
Susan Fremit answered on Apr 7, 2015

It all depends of the specific circumstances. Click on "find a lawyer" to find a civil lawyer who deals with identity theft.

1 Answer | Asked in Identity Theft for Virginia on
Q: In the state of Virginia how much money is considered Grand larceny and iidentity theft considered a felony?
Susan Fremit
Susan Fremit answered on Mar 31, 2015

Taking one or more items with a total value more than $200 is drand larceny (a felony)

1 Answer | Asked in Identity Theft for Virginia on
Q: If I forge the signature of a person (family) who will not press take legal action, can I still be charged with forgery.
Susan Fremit
Susan Fremit answered on Mar 31, 2015

If the family member is not taking any legal action and is making the payment for the credit card or check there should be no charges.

2 Answers | Asked in Identity Theft for Virginia on
Q: Can a Va code 18.2-168 be expunged?
Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Dec 6, 2010

A conviction or plea of guilt under VA Code § 18.2-168 will not be expunged, but a acquittal or a dismissal of the charge may be expunged through the proceedure described in VA Code § 19.2-392.2.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.