Lawyers, Answer Questions  & Get Points Log In
Identity Theft Questions & Answers
1 Answer | Asked in Identity Theft, Criminal Law and Federal Crimes for Kentucky on
Q: Hey I wanted to know what do I need to prove someone stole someone credit card Info and used it online to make purchase

We reviewed the footage and we have video of him putting his phone on the counter next to the computer and waving the cards over it is that enough proof?

Timothy Denison
Timothy Denison answered on May 29, 2021

Should be, especially if he left with the merchandise and you have the coinciding register receipts for the transaction.

1 Answer | Asked in Identity Theft and Small Claims for Kentucky on
Q: My older brother keeps using my card on his XBox for $15.89. Can I press charges?

I used it once and told him to take my card off his system, I got a notification a few days ago that it tried to go through again and told him AGAIN to take it off. Now it has went through AGAIN and he's mocking me that there's nothing I can do.

Timothy Denison
Timothy Denison answered on May 9, 2021

Cancel the card and get a new one.

1 Answer | Asked in Civil Litigation and Identity Theft for Tennessee on
Q: Somebody stole and signed over my vehicle title to themselves and brought the police and got my vehicle what can I do

Columbia, Tennessee; Maury county

Anthony M. Avery
Anthony M. Avery answered on May 7, 2021

An action for Conversion in General Sessions Court might be best option. But it sounds like someone pawned the Title, then repossessed the collateral.

1 Answer | Asked in Criminal Law, Federal Crimes and Identity Theft for Florida on
Q: Is this possible prosecution for credit card fraud

My sister has opened several credit cards in someone else's name, even got to withdraw a total about $5,000 from a Wellsfargo ATM (cc belonging to Wellsfargo) months ago, but this has happened over the course of a year or so, and nothing has happened, and today she received two calls she... Read more »

Andrew Popp
Andrew Popp answered on Apr 28, 2021

In short, yes. She will want to speak with a criminal defense attorney to represent her rights for these likely felonious charges. Depending on the number of charges brought, she could be looking at quite a long stay in federal prison.

1 Answer | Asked in Identity Theft for California on
Q: In 2018 i was hit with a bankruptcy on my credit report that is not mine . How can I remove it
Yelena Gurevich
Yelena Gurevich answered on Apr 26, 2021

you need to send a dispute letter to each credit bureau, identifying yourself clearly, and disputing the entry on your credit. The credit bureaus will then need to investigate and remove the entry. If they do not, you may have a case against them and at that point you will want to contact a... Read more »

1 Answer | Asked in Identity Theft for Tennessee on
Q: If my Ex girlfriend stole my stimulus check 2&3 and cashed both how should I press charges
Anthony M. Avery
Anthony M. Avery answered on Apr 15, 2021

Talk to your Sheriff's Department and ask to speak to an Investigator. Have all the facts ready to disclose the Theft of Property. Remember you are the witness/victim and you will have to testify, but it is the State's Case. When the Charges come up in Court tell the DA you want... Read more »

1 Answer | Asked in Tax Law, Divorce, Identity Theft and Small Claims for Illinois on
Q: Can I be forced to pay back the money my soon to be ex husband gave by court order when he filed joint tax return?

We are going through a nasty divorce which entails financial abuse, psychological abuse, mental abuse and sexual abuse. I told him and his then attorney (now fired or she quit, not sure which) that I was not going to file a joint tax return. I found out that he filed a joint return without my... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Apr 14, 2021

Your question is difficult to answer because your husband could not have filed a joint return properly without obtaining your signature on the joint return.

1 Answer | Asked in Business Formation, Identity Theft and Landlord - Tenant for Florida on
Q: How can I find an attorney that specializes in providing privacy to normal street Joes that have a w2 job & a house?

I just want to minimize my digital footprint exposed to the public by municipalities and commercial data brokers.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 14, 2021

To the best of my knowledge, no such attorneys exist.

IMO, what you want to do is not possible in this nation of laws that intentionally encourage unlimited commercial advertising with its corresponding egregious invasion of privacy coupled with complete "transparency" of...
Read more »

2 Answers | Asked in Criminal Law, Estate Planning, Real Estate Law and Identity Theft for Texas on
Q: A friend who's in real estate said he can get us a $2million loan to get me started. What legal actions should I take?

After knowing how good my credit scores are. He then sent me an email to sign.

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 9, 2021

Why is this posted under the Criminal Law topic? Taking out a loan is not a crime. Do you suspect fraud?

View More Answers

1 Answer | Asked in Criminal Law, Collections and Identity Theft for Louisiana on
Q: If I did not write a worthless check on Dec 19, 2019 and receive a final notice from Caddo parish what can I do?

I got this 3/25/21and the amount owed is 732.61 to drug emporium. The account has been closed that the check was written on and NO ONE WOULD accept this if the business has TELECHECK.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 2, 2021

1) File an incident report with the bank,

2) File a criminal complaint with the Sheriff.

1 Answer | Asked in Tax Law and Identity Theft for Arkansas on
Q: My sister did Instacart under my name after they kicked her off it. Instacart drivers are considered independent

contractors. I just received a 1099 for her earnings (approx $17,000) this additional income, put me over $50,000, disqualified me for the EIC, the addt'l CTC, reduced my CTC & will reduce my tax return by about $7,000. Is there anything she or I can do to get the 1099 transferred to her,... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 26, 2021

Based on your story, IMO you and your sister have committed a fraudulent act--and are about to make it worse. Advice: Do not make it worse by involving the IRS. If you are unhappy that your sister got $17,000 tax free while leaving you holding the bag and making you pay an additional $7,000 to the... Read more »

1 Answer | Asked in Criminal Law, Divorce, Banking and Identity Theft for Connecticut on
Q: Is it illegal for someone in a divorce to take money from spouses personal checking account?

Wife pays all household bills. His entire check went into a savings account for the family. He spent all of it on cocaine (35k+). He is using her checking account information to pay his personal credit card and cell phone bills etc. She has emailed and texted him explicitly saying that he... Read more »

Joseph Maya
Joseph Maya answered on Mar 26, 2021

I am sorry to hear about this situation. To fully address the legal questions regarding the wife's bank account, you will probably need to hire a lawyer licensed to practice in Connecticut. I wish you the best of luck in the resolution of the situation.

1 Answer | Asked in Consumer Law, Criminal Law, Federal Crimes and Identity Theft for New York on
Q: Adverse event, Fraud Concealment in patient records what kind of lawyer is needed to pursue this kind of case/injuries?
Tim Akpinar
Tim Akpinar answered on Mar 23, 2021

An attorney who deals with healthcare law and HIPAA could be a starting point, and depending on more information, possibly a medical malpractice attorney or civil litigation attorney, based on the issues that emerge in making a more detailed assessment. You could use the tab above (Find-a-Lawyer)... Read more »

1 Answer | Asked in Identity Theft for California on
Q: The mother of my children is from a different country is here illegally and is using a dead famaly members identity.

How would I handle this at court.

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

Interesting question, but lacking in details. First, what court? As Plaintiff or Defendant? Criminal or Civil? Can you steal the identity of a dead person? Probably so, but who gets to complain? Do you have to initiate a Probate? Or are you seeking to have the mother of your children criminally... Read more »

1 Answer | Asked in Criminal Law and Identity Theft for Tennessee on
Q: If I have permission to get money from a debt card (pin, account password) can I be punished for overdraft
Anthony M. Avery
Anthony M. Avery answered on Mar 16, 2021

The account holder will be getting a charge from the Bank. But if you take out more money than you were authorized by the account holder, then that is Theft of Property, which could be a misdemeanor or a felony depending on the amount stolen. You could also be sued by the account holder.

3 Answers | Asked in Criminal Law, Civil Rights and Identity Theft for California on
Q: Father in law sold my fiances car without his consent

So my fiance had a 66 shelby mustang that he worked very hard to get, it was his dream car. unfortunately, he thought he could trust his own flesh and blood father to store the mustang in a garage at his condos complex because we were having issues with thugs around our apartment vandalizing our... Read more »

Louis George Fazzi
Louis George Fazzi answered on Mar 11, 2021

I have always found it difficult to offer legal advice to people who would not be the client. The potential client is your fiance. I have no idea what, if anything, you may tell your fiance, so trying to give second hand legal advice in these situations is always difficult. Nevertheless, suggest... Read more »

View More Answers

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Identity Theft and Public Benefits for California on
Q: Hi I’m being falsely accused of fraud by the department of human assistance in Sacramento ca I need my identity stole
Yelena Gurevich
Yelena Gurevich answered on Mar 10, 2021

you have no question pending. you are going to want to speak with an attorney to go over all your facts and circumstances to determine your rights and options.

1 Answer | Asked in Identity Theft for California on
Q: how do i get my money back from debit card fraud
Yelena Gurevich
Yelena Gurevich answered on Mar 10, 2021

it depends. an attorney would need to review all the facts and circumstances before you could get a substantive answer to your question.

1 Answer | Asked in Criminal Law and Identity Theft for Texas on
Q: Was unknowingly part of a reshipping scam. I have filed a complaint w/FTC & want to know if I should file police report

I still have packages and cannot send them knowing what I now know and want to file a police report because “the company” has my personal info like banking, SSN, and my drivers license but don’t want to implicate myself or get in trouble

Rick  Davis
Rick Davis answered on Mar 4, 2021

Yes

2 Answers | Asked in Estate Planning, Elder Law, Identity Theft and Probate for California on
Q: Family member passed away, discovered money was stolen courtesy of the bank. What can we do?

A family member recently passed away while settling affairs we found out a family member was stealing his money by forging checks. What legal recourse do we have based on financial exploitation? He was 64 and disabled and required assistance. The banks informed us of the questionable activity at... Read more »

Bill Sweeney
Bill Sweeney answered on Mar 3, 2021

Presumably, identify theft has occurred. If so, you might find the following web address helpful.

https://oag.ca.gov/idtheft/facts/victim-checklist

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.