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New York Identity Theft Questions & Answers
1 Answer | Asked in Criminal Law and Identity Theft for New York on
Q: Can my mothers land be taken legally because of my brother's mistake?

My brother stole money from his employer to build a house on my mother's land. If this is taken to court, can the court take the house and land away from my mother?

Michael David Siegel
Michael David Siegel
answered on Jun 11, 2020

Yes, it is possible. The benefit of the theft cannot inure to your mother.

1 Answer | Asked in Banking, Civil Litigation, Identity Theft and Stockbroker Fraud for New York on
Q: What should I do? My account is frozen cause I was given fraud checks and bank took my money when they decline the check

So I was given two checks for a side job I deposit it to my account and they decline next day I was called that the check’s were fraud but they bank never gave me the money. I gave them the emails and address of where I gotten them and they froze my account. When I login into my account I had... View More

Michael David Siegel
Michael David Siegel
answered on May 14, 2020

If you never got the money and the checks were declined, the bank must suspect you for fraud. There is something not right but if the whole matter is over $110 there is little a lawyer can do. When the courts reopen, make a small claims suit.

2 Answers | Asked in Identity Theft and Social Security for New York on
Q: Can I file a lawsuit?

I have just received a letter from a organization that mailed my personal and sensitive information to the wrong address. They sent me a letter apologizing for it and offering free credit monitoring for up to a year. Would it be a good idea to file a lawsuit? Thank you.

Tim Akpinar
Tim Akpinar
answered on May 8, 2020

It could depend on what kind of damages you incurred and whether you would want to go through with the expense and time of a lawsuit. There are attorneys who deal with identity theft/privacy type issues. If you wanted to look into the matter in greater detail, you could contact one of them. Good... View More

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2 Answers | Asked in Identity Theft for New York on
Q: Somebody I know has created a fake POA and notarized himself and went to capital one bank and taken out my money 4900 la

He also arrived someone for 40.000 for visa citizen papers

Michael David Siegel
Michael David Siegel
answered on Apr 30, 2020

Make a police report and file a fraud affidavit with the bank.

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1 Answer | Asked in Identity Theft for New York on
Q: I gave my full name, address, e-mail, and credit card number to phone scammer. Do I need to contact the IRS and police?

I have contacted the 3 credit bureaus and added fraud alert. I sent a complaint to FTC. I cancelled my credit card and just paid for one year of credit monitoring with IdentityForce. Am I legally responsible if they use my identity to open accounts, conduct criminal activity, and so on? I... View More

Michael David Siegel
Michael David Siegel
answered on Dec 3, 2019

You did enough. If you did not give your social security number too, you are fine. Cancelling the card is sufficient. There has been no crime yet, so the police would not get involved. The IRS has nothing to do with this.

1 Answer | Asked in Consumer Law, Identity Theft and Stockbroker Fraud for New York on
Q: Financial brokerage house paid out funds from the account of a deceased accountholder - the broker did not know of death

Broker was a national security dealer. When broker learned of death did not disclose post-death withdrawals from account to estate fiduciary.

Michael David Siegel
Michael David Siegel
answered on Nov 22, 2019

Who are you to this deal? It may not be prejudicial. Depends on where the money went and where it was supposed to go. If to you, you can sue. The broker cannot be liable for not knowing of death, but can be liable if it should have known authorization was improper.

1 Answer | Asked in Civil Litigation, Domestic Violence, Identity Theft and Small Claims for New York on
Q: I was in a relationship with someone for 8 months he used me for money what can i do

He would say he loved me or he couldn't wait to wake up next to me every morning i have brain cancer and i loved him in july he borrowed 1,300 dollars he emotionally destroyed me he took my fight to live i was advised to take him to civil court to get my money by a state trooper he told hed... View More

Michael David Siegel
Michael David Siegel
answered on Aug 22, 2019

The amount involved is small claims level if you want to sue to recover. Run your credit report and put a fraud alert on it if you believe he stole your number. Notify the card companies and get new cards.

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
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... View More

Michael David Siegel
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
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
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... View More

Michael David Siegel
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
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
PREMIUM
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
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... View More

Michael David Siegel
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
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?
Kristen Epifania
Kristen Epifania
answered on Nov 20, 2018

If you did not have authority to do so, then you can be charged with multiple crimes, one of which could be identity 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?

Gary Kollin
Gary Kollin
answered on Oct 16, 2018

Report him to law enforcement

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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
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.

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