New York Identity Theft Questions & Answers

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

2 Answers | Asked in Consumer Law, Criminal Law, Identity Theft and Small Claims for New York on
Answered on Feb 13, 2019
Michael David Siegel's answer
Contact the credit card companies to report it. Report it to the credit bureaus as a fraud. File a police report.

Q: student loan

1 Answer | Asked in Collections, Education Law and Identity Theft for New York on
Answered on Jan 30, 2019
Michael David Siegel's answer
Deny everything in writing. Call the US Department of Education to report the fraud as well.

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

1 Answer | Asked in Identity Theft for New York on
Answered on Nov 30, 2018
Michael David Siegel's answer
There are usually class actions for this if you are referring to one of the cases in the news.

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

3 Answers | Asked in Criminal Law, Identity Theft and Small Claims for New York on
Answered on Oct 16, 2018
Aubrey Claudius Galloway's answer
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 sort by plaintiff and our defendant and counterclaims exceeds $25,000.

For a debt of around $3000 search is this one I would recommend hiring an attorney and bringing in action in small...

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

1 Answer | Asked in Consumer Law and Identity Theft for New York on
Answered on Oct 1, 2018
Michael David Siegel's answer
It does not matter now. The statute of limitations would be expired. Plus, you are not liable for dad's debts.

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

2 Answers | Asked in Identity Theft for New York on
Answered on Sep 22, 2018
Michael David Siegel's answer
The police, and any company impacted like your bank, etc. Also, put a fraud alert on your credit report.

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

1 Answer | Asked in Identity Theft for New York on
Answered on Sep 2, 2018
Michael David Siegel's answer
It depends what they did, where they did it, and if it was with consent or not.

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?

3 Answers | Asked in Consumer Law, Criminal Law and Identity Theft for New York on
Answered on Jul 25, 2018
Michael David Siegel's answer
Go to court. Ask for a conditional dismissal, which means if you have a clean record for six months, the charge is dropped.

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

1 Answer | Asked in Identity Theft for New York on
Answered on Jul 21, 2018
Michael David Siegel's answer
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.

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

1 Answer | Asked in Criminal Law and Identity Theft for New York on
Answered on Jun 22, 2018
Aubrey Claudius Galloway's answer
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 any stick. Remember the prosecution's standard of proof is 'beyond a reasonable doubt'.

NOTE that you ARE open to potential civil liability AND/OR termination for cause from your place of...

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

1 Answer | Asked in Identity Theft for New York on
Answered on Jun 5, 2018
Michael David Siegel's answer
Immediate. Also, you may be responsible anyway.

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

1 Answer | Asked in Identity Theft for New York on
Answered on May 18, 2018
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.

Q: Do i file a police report if my identity has been compromised?

1 Answer | Asked in Identity Theft for New York on
Answered on May 16, 2018
Michael David Siegel's answer
Yes. And a fraud alert with each credit bureau.

Q: Is it recommended that you get a new social security number if you feel it's been compromised?

1 Answer | Asked in Identity Theft for New York on
Answered on Apr 27, 2018
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.

Q: I am being denied a police report from my local precinct and being told that I must file somewhere else. Is this lawful?

1 Answer | Asked in Traffic Tickets and Identity Theft for New York on
Answered on Mar 30, 2018
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.

Q: I used my ex girlfriends debit card with out her permission. I have already paid all the charges back to her in full.

1 Answer | Asked in Criminal Law and Identity Theft for New York on
Answered on Feb 20, 2018
Michael David Siegel's answer
If she accepted payment back it is unlikely any prosecutor would pursue anything. You would claim it was a loan you paid back. Do not admit to using it without permission.

Q: If I let Equifax know my identity's been stolen, am I required to do anything else?

1 Answer | Asked in Identity Theft for New York on
Answered on Feb 9, 2018
Michael David Siegel's answer
If you know that something was done in your name you must inform the police, and the institution that gave false credit to the thief.

Q: Am I able to change my social security number?

1 Answer | Asked in Identity Theft for New York on
Answered on Jan 19, 2018
Michael David Siegel's answer
Under very, very narrow circumstances. You need to deal directly with the Social Security Administration.

Q: I need to know what to do when the company I worked for looses my hire papers that have a copy ofmy SS card in it.

1 Answer | Asked in Employment Law and Identity Theft for New York on
Answered on Dec 10, 2017
V. Jonas Urba's answer
Monitor your credit closely and/or hire a company to do it for you.

If you used USPS did you mail it certified with return receipt? Use e-mail next time. Few tech savvy ones use USPS or faxes any more.

If you have no written agreement that you and employer signed start looking for another job.

If you quit the DOL might find you did not have good cause to quit and you might not get unemployment.

Pay an employment lawyer to speak with you for a few hours to review...

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