someone used.my identity and obtained a personal loan. what kind of lawyer do i need?

by Merl Schoen 7 min read

What is an identity theft lawyer?

What is an identity theft lawyer? An identity theft lawyer is a legal professional who possesses specific knowledge of identity theft laws and circumstances surrounding these crimes. Identify theft cases can be complicated since they involve the justice system, financial institutions, and other attorneys.

What to do if someone opens a loan in Your Name?

Contact the lender If someone took out a loan or opened a credit card in your name, contact the lender or credit card company directly to notify them of the fraudulent account and to have it removed from your credit report. For credit cards and even personal loans, the problem can usually be resolved quickly.

Did someone apply for a Small Business Administration loan in my name?

Somebody applied for a Small Business Administration loan in my name. Fortunately, the SBA detected the fraud and declined the loan. Yet a hard inquiry still ended up on my credit report. Here’s how I got it removed in under 24 hours. Portrait of an anonymous man in a black hoodie and neon mask hacking into a smartphone. Studio shot.

How can a criminal take over an individual's identity?

With enough identifying information about an individual, a criminal can take over that individual's identity to conduct a wide range of crimes. For example: Obtaining other goods or privileges which the criminal might be denied if he were to use his real name

What happens if someone uses your name for a loan?

If someone is using your information to open a new account or take out loans in your name, submit an identity theft report with the Federal Trade Commision (FTC). You can do so online at IdentityTheft.gov. Once you enter your information, the FTC will give you a recovery plan with suggested steps you should take.

What do I do if someone has taken my identity?

Report Identity Theft. Report identity (ID) theft to the Federal Trade Commission (FTC) online at IdentityTheft.gov or by phone at 1-877-438-4338. The FTC will collect the details of your situation.

How can you prove someone is using your identity?

How to spot it: Check your credit card or bank statement when you get it. Look for purchases or withdrawals you didn't make. Bonus advice: Sign up to get text or email alerts from your credit card or bank whenever there's a new transaction. This could help you spot unauthorized or fraudulent activity on your account.

Who is financially responsible for paying if your identity is stolen?

If you report your identity theft to the FTC within two business days of discovering it, you will only be liable to pay $50 of any unauthorized use of your bank and credit accounts (under federal law). The longer you leave it, the more that financial liability falls on your shoulders.

Do police Investigate identity theft?

There is an expectation that the police will investigate and prosecute identity thieves. However in all reality, these types of issues are rarely investigated by the police. The report is filed and documented - and then no further action is taken. This most likely do to a variety of issues.

Can I report a scammer to the police?

Report the incident to the classified site immediately, sending them as much information as possible about the ad in question as possible. They can retrieve and store information to pass on to the police. Report the incident to your local police station so that they can open a case.

Who is responsible for identity theft?

While the individual perpetrator of identity theft could be held liable, others may have liability as well. Often, these other liable parties are those that have access to sensitive personal information, such as your Social Security number or bank or credit card information.

What is the punishment for identity theft from someone you know?

When it comes to penalties, RA 10175 penalizes any person found guilty of computer-related identity theft with imprisonment of prision mayor (6 years and 1 day to 12 years) or a fine of at least Two hundred thousand pesos (PhP200,000.00) up to a maximum amount commensurate to the damage incurred or both.

What consequences can victims of identity theft face?

Damaged credit: If an identity thief steals your Social Security number (SSN), opens new accounts in your name and never pays, it could ruin your credit history. Not only can this impact your ability to get credit, but it can also hurt your job prospects and increase your auto and homeowners insurance premiums.

How do you fight identity theft?

Deter identity thieves by safeguarding your informationShred financial documents before discarding them.Protect your Social Security number.Don't give out personal information unless you're sure who you're dealing with.Don't use obvious passwords.Keep your information secure.

Which of the following is the third step you should take if your identity is stolen?

Here are steps to take if your identity is stolen: Notify the company or agency that issued your stolen credentials. Put a freeze or fraud alert on your credit. Report the theft to the Federal Trade Commission.

Which of the following is the first step you should take if your identity is stolen?

While you don't need to report a stolen credit card to the FTC, you should report identity theft to the FTC right away. That way the FTC can create a report that you can use to prove the ID theft to businesses and financial institutions. To do this, you can fill out a report online or call 877-438-4338.

What is the essential service of identity lawyer?

The essential services that identity lawyers provide are the insight and reassurance they offer clients. Identity theft is terrifying for any victim. An identity theft lawyer will prove to be a tremendous resource.

What is identity theft law?

Identity theft lawyers practice identity theft law. They will protect your rights and provide legal insight that identity theft victims find invaluable. There are many steps that you will want to take to secure your personal data after identity theft.

What are some examples of identity theft?

Identity theft examples of who needs a lawyer may include: 1 Someone stole your wallet or purse to steal your identity 2 Your detractor found your information by dumpster diving 3 Someone stole your mail or redirected it to another address 4 You gave money to a person over the phone, and the company in question does not have a record of the transaction 5 You cannot get a loan or a job due to false information that you can’t resolve on your own

How does identity theft affect victims?

The impact of identity theft can severely harm victims and may be challenging to prove. A victim can erroneously end up with a criminal background or experience financial consequences. It is essential to protect your personal information and data to avoid identity theft.

How to stop identity theft?

By securing your government-issued documents and alerting specific individuals, you can take proactive steps that offer the most practical outcome. However, the most vital step you can take is acting on appropriate recovery plans.

How does phishing work?

Phishing scams involve impersonating a legitimate business to gain personal information through digital communications, including text messages, emails, and advertisements. Typically, the victim clicks a link that directs him or her to an official-looking website that asks you to complete and fill out your personal information and sends your information to your detractors.

Can you get a loan if you give money over the phone?

You gave money to a person over the phone, and the company in question does not have a record of the transaction. You cannot get a loan or a job due to false information that you can’t resolve on your own. Identity theft lawyers provide invaluable services and information during this challenging time.

How to find out if someone stole your identity?

1. Investigate the Situation: Review Your Credit Reports. You can find out the extent of the identity theft by getting copies of your credit report from each of the three major credit reporting agencies— TransUnion, Equifax, and Experian. Don’t worry about paying for them—consumers are entitled to a free credit report every year from each agency ...

How to stop identity theft?

To stop a thief from opening new accounts in your name, contact each credit reporting agency and ask for a “ credit freeze .”. A credit freeze stops potential creditors from looking at your credit history, which prevents an identity thief from getting credit in your name.

How to get a police report?

To get a police report, go to your local police office with: a copy of the Identity Theft Report. a government-issued identification with a photo. proof of your address (mortgage statement, rental agreement, or utilities bill) any other proof you have of the theft (bills, IRS notices, etc.), and.

What to do if a thief files a bogus change of address?

It's also a good idea to notify the post office if you think the thief filed a bogus change of address form on your behalf, and also to ask utility and phone companies to remove any fraudulent charges.

What to do after you get a stolen identity report?

After you get the reports, you’ll want to review them for inaccurate information. If you see any unusual activity or personal information that you don't recognize, make a note of it. Here are examples of the type of incorrect information you’ll be looking for when you believe that someone has stolen your identity:

How to check if someone is using my Social Security number?

Check for Fraudulent Use of Your Social Security Number. Get a copy of your Social Security benefits statement to see if anyone is using your number for work or other purposes. If you find fraudulent use of your Social Security number, contact the SSA’s fraud hotline at 800-269-0271.

Where to report identity theft?

You’ll start by reporting the theft at Identitytheft.gov. IdentityTheft.gov is the federal government’s main resource for identity theft victims. Go to this website to:

How to get someone to stop stealing my identity?

Call the fraud department. Explain that someone stole your identity. Ask them to close or freeze the accounts. Then, no one can add new charges unless you agree.

What to do if someone stole your identity?

Tell the police someone stole your identity and you need to file a report.

What is identity theft?

What Are Identity Theft and Identity Fraud? Identity theft and identity fraud are terms used to refer to all types of crime in which someone wrongfully obtains and uses another person's personal data in some way that involves fraud or deception, typically for economic gain. What Are The Most Common Ways That Identity Theft.

How long can you be in jail for identity theft?

This offense, in most circumstances, carries a maximum term of 15 years' imprisonment, a fine, and criminal forfeiture of any personal property used or intended to be used to commit the offense. Schemes to commit identity theft or fraud may also involve violations of other statutes such as identification fraud (18 U.S.C.

How to file an identity theft report?

Go to IdentityTheft.gov or call 1-877-438-4338. Include as many details as possible. Based on the information you enter, IdentityTheft.gov will create your Identity Theft Report and personal recovery plan. Show. You may choose to file a report with your local police department.

What agencies do federal prosecutors work with?

Federal prosecutors work with federal investigative agencies such as the Federal Bureau of Investigation, the United States Secret Service, and the United States Postal Inspection Service to prosecute identity theft and fraud cases. Updated November 16, 2020.

How to get free credit report?

Get your free credit reports from Equifax, Experian, and TransUnion. Go to annualcreditreport.com or call 1-877-322-8228. Review your reports. Make note of any account or transaction you don’t recognize. This will help you report the theft to the FTC and the police. Show. Report identity theft to the FTC.

What to do if someone takes out a loan in your name?

If someone took out a loan or opened a credit card in your name, contact the lender or credit card company directly to notify them of the fraudulent account and to have it removed from your credit report. For credit cards and even personal loans, the problem can usually be resolved quickly.

How to get rid of a loan in your name?

Follow these steps to protect yourself and get rid of the fraudulent accounts. 1. File a police report. The first thing you should do is file a police report with your local police department.

How to remove fraudulent loans from my bank account?

1. File a police report. The first thing you should do is file a police report with your local police department. You might be able to do this online. In many cases, you will be required to submit a police report documenting the theft in order for lenders to remove the fraudulent loans from your account.

What credit reporting agencies do you contact when you find evidence of fraud?

When you find evidence of fraudulent activity, you need to dispute the errors with each of the three credit reporting agencies: Experian, Equifax, and TransUnion. You should contact each one and submit evidence, such as your police report or a letter from the lender acknowledging the occurrence of identity theft.

What happens if you don't pay your student loan?

Failure to pay a student loan can result in wage garnishment, a suspended license, or the government seizing your tax refund — so it's critical that you cut any fraudulent activity off at the pass and get the loans discharged quickly.

Do you have to report identity theft on a student loan?

Each lender has their own process for handling student loan identity theft. However, you typically will be asked to submit a police report as proof, and the lender will do an investigation.

Can creditors see your credit report?

With a credit freeze, creditors cannot view your credit report or issue you new credit unless you remove the freeze. 6. Check your credit report regularly. Finally, check your credit report regularly to ensure no new accounts are opened in your name.

What is the bigger problem when there's a wholesale theft of your identity?

The bigger problem is when there's a wholesale theft of your identity. That's when the thief has assembled enough information to fully impersonate you.

Why do you think these documents have no use to a thief?

You may think these documents have no use to a thief because they include a photo.

What happens when you are arrested for identity theft?

Pretending to be you when arrested. Opening accounts in your name, such as utility and phone accounts. Stealing your income tax refund. When identity theft reaches that level, you can be forced to change your entire identity, by getting a new Social Security number in replacing all your accounts.

What is the biggest problem with identity theft?

One of the biggest problems with identity theft is that it can hurt you in multiple ways.

Why is the Gold Standard the gold standard for identity thieves?

It's the gold standard for identity thieves because it opens so many doors to your financial life.

Can email be used for identity theft?

Your Email Address. Much like your phone number, it's almost impossible to protect your email from family, friends, and the people with which you do business. But as a rule, it has very limited value for identity theft. The real threat with your email is what are known as phishing schemes.

Does knowing your name help a thief?

This is the most common information that identifies you. Fortunately, simply knowing your name doesn't help a potential thief very much. But it will present a problem if the thief has your name, and acquires some other piece of information, like your Social Security number or the account number of a financial account.