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Texas Identity Theft Questions & Answers
2 Answers | Asked in Criminal Law, Federal Crimes and Identity Theft for Texas on
Q: if im charged with a felony fraud less then 5, does it get dismissed if the one who filed the charge is dead?

Does the dead man rule apply since it isnt a civil matter or is it not dropped sincr the state picked up the charges

Kiele Linroth Pace
Kiele Linroth Pace
answered on Mar 24, 2019

Any crime could prosecuted with a dead alleged victim; not just crimes like murder and manslaughter.

The case will continue unless the prosecutor decides to seek a dismissal. That said, it is certainly possible that the prosecutor's interest in the case may decline with the death of...
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1 Answer | Asked in Consumer Law, Criminal Law, Identity Theft and White Collar Crime for Texas on
Q: My mother is a check fraud victim, what next?

My mother had her driver's license, signature and bank checks compromised recently. She was informed of this by her bank when the offenders withdrew cash using these compromised documents. So far there have been cash withdrawals from within our city and in another several hundred miles away,... View More

Paul Looney
Paul Looney
answered on Aug 21, 2018

Go to the bank and complete a fraud affidavit. The bank should begin refunding stolen funds. Change your credit cards, bank cards, etc. The bank can handle that off the top. Consequences? There should be none after it is established the bank recognizes the fraud. Hope this has been helpful, and... View More

1 Answer | Asked in Criminal Law and Identity Theft for Texas on
Q: what is the punishment for credit card theft in Texas?
Grant St Julian III
Grant St Julian III
answered on May 17, 2018

Theft offenses are listed under Section 31.03 of the Texas Penal Code; Credit Card Abuse is under Section 32.31. The punishment range for a particular offense depends on the facts alleged. Have an attorney review the charging instrument filed in the case.

1 Answer | Asked in Identity Theft for Texas on
Q: A friend of mine took a fair amount of money from my debit card without my permission. What do i do against her?

She took a total amount of $1500 from the debit card that is issued under my name and an additional $3000 in which I lent her. But she promised that she was going to pay everything, but she keeps failing to meet her ends. I was wondering if there is anything I could do regarding this matter.

Matthew Valley
Matthew Valley
answered on Feb 17, 2018

Assuming this is relatively recent and not past the statute of limitations:

If she used your debit card without your authorization you can file a police report and hope the county decides to file a criminal case against her. You also have the option of pursuing a judgment in small claims...
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1 Answer | Asked in Identity Theft for Texas on
Q: My credit card company is refusing to work with me when someone with my same name opened a credit card account that's

now affecting my credit. I think it's just an honest mistake (the cardholder seems to be a man and I'm a woman with a gender neutral name), but how do I get them to look into this so my credit report isn't negatively impacted?

David Humphreys
David Humphreys
answered on Aug 31, 2017

Go to HWH-law.com and click on the tab identity theft. You can see how to write the needed letter and what you need to say. The good news is that many times a well written letter makes the problem end. If not, you have rights and you will want to contact a lawyer that handles FCRA and ID Theft... View More

1 Answer | Asked in Criminal Law and Identity Theft for Texas on
Q: Is it possible to receive probation on a 2nd degree felony if it's your first offence ?
Kiele Linroth Pace
Kiele Linroth Pace
answered on Jan 25, 2017

Yes, it is possible. It is even POSSIBLE to get probation for MURDER although obviously that is not the likely result. If convicted of a 2nd degree felony, the punishment range is 2 to 20 years in the state penitentiary and a fine up to $10,000. A felony prison sentence can be probated for up to... View More

1 Answer | Asked in Identity Theft, Real Estate Law and Criminal Law for Texas on
Q: My brother was incarcerated and his wife sold their house and had her ex-husband Forge his name what can he do about it
Kiele Linroth Pace
Kiele Linroth Pace
answered on Jan 21, 2017

Forgery of a Deed or Mortgage is a State Jail Felony that should be reported to law enforcement.

Second, see a family law attorney about a divorce and the proper division of the marital assets.

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