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Stolen Identity? Here's What to Do

Here's a checklist of the steps you need to take if you suspect your identity has been stolen.

If you believe that you are a victim of identity theft or fear that you may become one for example, you lost your wallet, gave personal information to a stranger, or had your house burglarized take these steps immediately.

1. Start a log. As you make phone calls or send letters, keep notes of your conversations and correspondence with authorities and financial institutions, including dates, names, and phone numbers. Also keep track of all time spent and expenses you incur; you can deduct theft-related expenses on your income tax return, assuming you itemize deductions, and you may be able to seek compensation if you are ever able to sue the thief.

2. Contact the credit bureaus. Call or visit the websites of the three major credit bureaus and ask that they issue a fraud alert and attach a statement to your credit report.

  • Equifax: 800-525-6285 or www.equifax.com
  • Experian: 888-397-3742 or www.experian.com
  • TransUnion: 800-680-7289 or www.transunion.com

Also, get copies of your credit report from each of the credit bureaus. Look for all possible signs of trouble: accounts you didn't open, inquiries you didn't initiate, and defaults and delinquencies you didn't cause. Also check your identifying information carefully.

The credit bureaus may issue one of the following types of alerts (note that for any alert you will need to submit proof of identity, which may include your Social Security number):

  • Initial alert. You can request an initial alert even if you merely think that you may become a victim. This alert will be placed in your file for 90 days. The alert states that you do not authorize an additional card on an existing account, an increase in the credit limit of an existing account, or new credit (other than an extension of credit on an existing credit card account). The alert may delay your ability to get credit. You can get one free copy of your credit report from each bureau when you place an alert.
  • Extended alert. If you are a victim of identity theft, you can send the credit bureau an identity theft report and request that it place an extended alert in your file. An identity theft report is an official report you have filed with a federal, state, or local law enforcement agency, and additional information the bureau may require. The extended alert is similar to the initial alert, but it remains in place for seven years and you can get two free copies of your credit report from each bureau during the next 12 months. In addition, for five years, each bureau must exclude you from lists that it prepares for creditors or insurers with offers of credit or insurance that you did not request (so-called "prescreened offers").
  • Active duty alert. If you are on active military duty, you can add an active duty alert to your file. This is similar to the other alerts, but it remains in place for 12 months, the exclusion from prescreened lists lasts for two years, and you are not entitled to a free credit report.
  • Creditor's duty when alert is in place. A creditor or other user of a credit report containing one of these alerts must take extra steps to verify the identity of the person requesting credit before it proceeds with the transaction. In the case of an extended alert, you may include a telephone number that the creditor must call to confirm that the request for credit is not the result of identity theft.

3. Review your credit reports. After you receive your credit reports from the three credit bureaus, review them thoroughly. Make sure that all your personal information, including name, address, and Social Security number, is correct and that there are no fraudulent accounts or inquiries. Look for accounts that you didn't apply for or open, inquiries that you didn't initiate, and defaults and delinquencies that you didn't cause. Immediately report any suspicious information or activity to the credit bureau that issued the credit report.

4. Call the police. File a report of the crime with your local police department. Provide as much evidence as you can, and ask the officer to list all fraudulently accessed accounts that you know about on the police report. Be sure to get copies of the police report, because creditors will probably ask to see them. Remember to log the phone numbers and names of all the law enforcement agents that you speak to; creditors may want this information.

5. Fill out an Identity Theft Victim's Complaint and Affidavit. The form is available from the Federal Trade Commission at www.ftc.gov/idtheft. Creditors may accept this affidavit when you claim that you are not responsible for a new account or for transactions on an existing account. The information that you provide will enable the creditor to investigate your claim. (The creditor may require you to submit additional information or a different form.) This affidavit also will be useful if you request copies of the thief's application and transaction records (see Step 6). Follow the instructions that accompany the form.

6. Close any accounts that have been accessed fraudulently or that you're worried might be. Contact all creditors, including banks, credit card companies, and other service providers, with whom there has been fraudulent activity. Request that creditors report closed accounts as "account closed at consumer's request," because a mark of "card lost or stolen" can reflect poorly on your credit report.

Request copies of the identity thief's application and transaction records from businesses that provided credit, goods, or services to the thief. Normally, the business must provide you copies when you send a properly completed written request and cannot impose a charge. Copies also must be provided to law enforcement agencies that you specify. In general, you must provide satisfactory proof of your identity, a police report, and a completed FTC identity theft affidavit. The request must be sent to the business at the address it specifies for this purpose.

Ask businesses that have provided identity theft-related information to credit bureaus to stop providing the information. You must send the business an identity theft report at the address that it specifies for this purpose and identify the information related to identity theft. The business normally cannot provide the information to any credit bureau after receiving such a request.

Warning Change your PINs. If your ATM or debit card was stolen, do not use your old PIN for your new card. Choose a password that is obscure but that you will remember; do not use common numbers such as your birth date.

7. Stop payment on checks. If a thief stole checks or opened bank accounts in your name, contact one of the major check verification companies to report the fraudulent activity and to stop payment on stolen checks. (Try Telecheck at 800-710-9898 or ChexSystems at 800-428-9623.)

8. Deal with debt collectors. While you are handling your identity theft case, debt collectors may ask you to pay outstanding bills from fraudulently activated credit accounts. Inform the debt collector by phone and in writing that you are a victim of identity theft and that you are not responsible for the unpaid bill. In your letter, be sure to include copies of documents, such as a police report, that demonstrate that you are the victim of identity theft.

When you inform the collector that the debt is the result of identity theft, the collector must pass this information along to the creditor (the company attempting to collect the debt). The collector also must send you information that "validates" the debt (usually, just the amount of the debt and the creditor's name). Send the collector a written dispute of the debt after you receive the validation, and include a copy of your police report or identity theft affidavit. Also send a copy to the creditor. (To learn more about debt validation and dealing with debt collectors, see Nolo's Debt and Collection Agencies area.)

Ask the collector to provide you with all pertinent information (for example, name, phone number, address, account number) relating to both the collector and creditor. Finally, ask the collector to confirm in writing that you are not responsible for the outstanding debt and that the collection account has been closed.

Ordinarily, you will have a complete defense to a debt incurred by the identity thief and should not pay it. Generally, the information you provide the collector and creditor will cause the collector to stop collection efforts. If not, it may be helpful to consult an attorney. Consult an attorney immediately if you receive notice of legal action based on debts incurred by the identity thief.

9. Contact the local postal inspector. If you believe that someone has changed your address through the post office or has committed mail fraud, contact your local post office. If you discover that mail in your name is being sent to an address other than your own, ask the local postmaster to forward all mail in your name to your own address.

10. Contact the Social Security Administration (SSA). If you believe that your Social Security number has been used to fraudulently obtain welfare or Social Security benefits, visit the SSA Office of the Inspector General website at www.socialsecurity.gov/oig or call the SSA Fraud Hotline at 800-269-0271. In an extreme case, you may be able to change your Social Security number, but it is difficult to do and may not resolve the problem.

11. Contact the U.S. State Department. If your passport was stolen or if you believe someone may be fraudulently ordering a passport in your name, visit the U.S. State Department website at www.travel.state.gov or call 877-487-2778.

12. Contact your state's department of motor vehicles. Contact this department if your driver's license was stolen or if you think someone is using your driver's license number to facilitate fraud. Most states will put a fraud alert on your license if you ask for one. You should also request a new license number and fill out the department's complaint form.

Where to Go for More Information

These resources can help if you want to learn more about preventing or responding to identity theft:

For comprehensive identity theft information, visit the FTC's identity theft website at www.ftc.gov/idtheft.

For state and federal identity theft laws and other victim resources, visit the Identity Theft Resource Center at www.idtheftcenter.org.

For links to additional identity theft websites, visit the Privacy Rights Clearinghouse at www.privacyrights.org/.

For all the information you need to stop identity theft and rebuild your good name, get Stopping Identity Theft:10 East Steps to Security, by Scott Mitic (Nolo).

http://www.nolo.com/legal-encyclopedia/identity-theft-stolen-checklist-29691.html

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