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Virginia Identity Theft Questions & Answers
1 Answer | Asked in Consumer Law and Identity Theft for Virginia on
Q: Honda Financial attached my SSN to someone else's loan

No details regarding amount, if in state or not and they told me "We don't know if this is really you." After freezing my credit, submitting a report to the FTC, Honda Financial & taking time off of work to file a report with Local Law Enforcement, they still would not provide... View More

Matthew McKenna
Matthew McKenna
answered on Oct 2, 2024

I would certainly recommend contacting a consumer protection attorney as soon as possible that will offer a free consultation. It appears that you disputed this information with Honda Finance but I would also recommend disputing the information with the credit bureaus. You'll want to send the... View More

1 Answer | Asked in Banking, Identity Theft and Small Claims for Virginia on
Q: Can I sue my ex for access to my second cashapp account I let her use while we were together?

Before Me and my Girlfriend broke up and I had made a Cashapp account, for her to borrow. I had used my identification and SSN to verify my ID and now she has locked me out of it. Cash app support has been useless in canceling the account.

James L. Arrasmith
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answered on Sep 21, 2023

To potentially address this situation, you may want to explore the option of mediation or negotiation with your ex-partner to regain access to the second Cash App account. Legal action could be considered if all other options fail, but it's essential to consult with an attorney who can provide... View More

2 Answers | Asked in Banking and Identity Theft for Virginia on
Q: If someone were to say buy something for someone else with said stolen credit card could the other person get in trouble

If someone were to say buy a windshield replacement with someone’s credit card and the card ended up being a stolen, could the person that didn’t know anything about the card; let alone the card being stolen to purchase the replacement get in trouble too?!

James L. Arrasmith
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answered on Oct 2, 2024

If someone asks you to buy something using their credit card and you have no idea the card is stolen, you typically won’t get into trouble. Unintentional involvement in a transaction where the card is fraudulent usually doesn’t lead to criminal charges. It's important to act in good faith... View More

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1 Answer | Asked in Business Law and Identity Theft for Virginia on
Q: If I accidently lost someone's license what could happen

I work at a gym and I had either misplaced someone's license for a day pass or it got stolen from someone else. No clue at the moment. But I want to know worst case. 18 yo

Tim Akpinar
Tim Akpinar
answered on Oct 28, 2023

A Virginia attorney could advise best, but your question remains open for two weeks. It could depend on the person. If the person is understanding, they might handle it through DMV. Good luck

1 Answer | Asked in Family Law, Civil Litigation and Identity Theft for Virginia on
Q: My mom just signed herself out of a mental hospital and no one knows where she is at. She just recently stole my sisters

My mom just signed herself out of a mental hospital and no one knows where she is at. She just recently stole my sisters identity and I have told her to leave me alone and she hasnt known where I lived. She has found out thpugh where I live and I do not feel safe what can I do to protect myself as... View More

F. Paul Maloof
F. Paul Maloof
answered on Aug 24, 2020

You must go to the Clerk's Office for the General District Court for the county/city where you live a file a Request for a Protective Order. The clerks will help you with the forms.

1 Answer | Asked in Criminal Law, Business Law, Civil Litigation and Identity Theft for Virginia on
Q: My personal information was stolen by a business employee. What are my options?

I ordered food from a local sandwich shop. A few days later I received a call from a person claiming to represent that shop, who then tried to solicit me for "opportunities for extra cash" from PFS Incorporated. Which is not affiliated with the sandwich shop at all. This shop employee... View More

F. Paul Maloof
F. Paul Maloof
answered on Aug 18, 2020

I regret that I do not handle criminal law matters. Sorry.

1 Answer | Asked in Real Estate Law and Identity Theft for Virginia on
Q: my wife and I have not lived together in 5 years.But I recently found out she put my name on her lease illegal.

also I notice my mail stop coming to current address.Postal service says my mail keep going to her address.I never made a change of address.postal service inspector is investigating why my address keep getting changed,without my consent.

Richard Sternberg
Richard Sternberg
answered on May 18, 2020

Maybe it is time to get divorced already?

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... View 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... View 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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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,... View 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... View More

Beau  Correll
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... View 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... View 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... View 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... View 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... View 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
Mr. Andrew T. Bodoh
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.

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