what kind of lawyer to contact in case of spousal identity theft

What is spousal identity theft and how can you prevent it?

Mar 03, 2022 · This can be highly frustrating, even if one has everything needed to show that he or she did not make the charges, open the account, or do whatever it was that was done in his or her appoint . This is where the law firm of Jacoby & Meyers can help.

What kinds of cases do identity theft attorneys handle?

Nov 17, 2017 · The credit card company will then go after your spouse to pay off the debt. In addition, you should take the steps to protect your income and assets from identity theft in the future, and close any joint accounts. During the divorce proceedings, make sure the attorney addresses the spousal identity fraud in court.

What should I do if my identity has been stolen?

Dec 04, 2019 · If you have issues of identity theft, you should contact your family law attorney to discuss your options.

Can you sue a spouse for theft?

Interspousal Immunity. While largely disposed of across the country, the concept of tort interspousal immunity may impact a claim for theft or fraud. This legal concept arose out of the belief that the married couple was one person, typically the identity of the male. Therefore, the law opined that a spouse should not be able to sue himself.

How do you prove spousal identity theft?

Call the FTC toll-free at 877-IDTHEFT, or go to the FTC's identity theft website, IdentityTheft.gov. The next very important step is to file a report with your local police or county sheriff. You may be reluctant to do this, but you need this report to prove you were the victim of identity theft.Feb 12, 2016

Can a spouse commit identity theft?

Use of Spouse's Identity: Spouses commonly share personal information, making it easy for them to commit spousal identity theft. Spousal identity theft can occur when, for example, one spouse uses the other spouse's information to open new credit card accounts without the other spouse's consent.Sep 14, 2021

What are two 2 actions a person can take if their identity is stolen?

File a claim with your identity theft insurance, if applicable. ... Notify companies of your stolen identity. ... File a report with the Federal Trade Commission. ... Contact your local police department. ... Place a fraud alert on your credit reports. ... Freeze your credit. ... Sign up for a credit monitoring service, if offered.More items...

Who should I contact regarding identity theft?

1-877-438-4338Report 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.

Can I go to jail for opening a credit card in my husband's name?

In short, the answer is no: it is illegal for a spouse to open a credit card in his or her partner's name. This may come as a surprise to some, but there is a simple explanation behind the criminal denotation. You may think that a credit card is just like a shared bank account, but that's not true.Jul 18, 2019

Is it illegal to open a credit card in your spouse's name?

Opening a credit card in someone else's name is illegal, even if it's your spouse. You and your spouse may share a bank account, and you may know your spouse's social security number, but opening a credit card in your spouse's name is technically a form of credit card fraud.Jul 17, 2019

Can an ex use your Social Security number?

No you can't. It is common for a spouse to send notice to creditors and banks saying that you are no longer responsible for debts incurred by your spouse. If your ex steals or takes any other action with your SS number it is identity fraud.

Can I use my husband's credit card without permission?

When a person uses a card without a card holder's permission, this is illegal. Under U.S. law, if the person reports unauthorized use, he is only responsible for a maximum of $50 in charges. Either the retailer or the credit card company will be responsible for any charges made without proper authorization.

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

If you believe someone is using your Social Security number to work, get your tax refund, or other abuses involving taxes, contact the IRS online or call 1-800-908-4490. You can order free credit reports annually from the three major credit bureaus (Equifax, Experian and TransUnion).Nov 19, 2019

How do I know if someone opened a bank account in my name?

The best way to find out if someone has opened an account in your name is to pull your own credit reports to check. Note that you'll need to pull your credit reports from all three bureaus—Experian, Equifax and TransUnion—to check for fraud since each report may have different information and reporting.Oct 12, 2021

How do you check if your identity has been stolen?

9 warning signs your identity has been stolenYou're alerted to a credit card charge you didn't make. ... Your loan or credit card application was denied. ... There's a change to your credit score. ... There's a new account you didn't open under your name. ... Your information was part of a data breach.More items...•Dec 22, 2021

What does the FTC do for identity theft?

While the FTC does not have criminal jurisdiction, it supports the criminal investigation and prosecution of identity theft by serving as a clearinghouse for identity theft reports, part of the FTC's Consumer Sentinel report database.

Do police Investigate identity theft?

If you're a victim of identity theft, filing a report will start an investigation to restore your credit and good name. You should file a report if you know the person who committed fraud, or if your identity was used in a police encounter like an arrest or traffic citation.Dec 16, 2021

Who is a likely victim of identity theft?

Seniors over 60 years old are the most common victims of identity theft. 3 in 10 victims of identity theft have experienced it more than once. 1 in 50 children is affected by child identity fraud, which costs U.S. families nearly $1 billion each year. Millennials account for 44% of U.S. identity fraud reports.Apr 15, 2021

What is the civil claim equivalent to theft?

The civil claim equivalent to the crime of theft is often referred to as conversion. This type of claim is based on a person suing to receive the value of the item that was taken. It typically requires the victim to show that he or she has legal title to the property.

What is a claim of fraud?

Claims of fraud may arise during the marriage or divorce if one spouse made a material misrepresentation about the value of assets or income. Fraud may be actual in which the individual had the intent to defraud the other spouse and the intention to deprive the other spouse from having fair use and enjoyment of the marital assets. Alternatively, fraud may be alleged to be constructive, meaning that there was not necessarily ill intent but that the spouse should have known that the actions would deceive the other spouse.

What happens if you get separated from your spouse?

If there is a legal separation or divorce agreement that classifies the property as belonging to the spouse and the other spouse takes it anyway, a claim for theft or contempt of court may arise. However, a divorce agreement may include language regarding a release of all claims that arose during the marriage.

What is interspousal immunity?

Interspousal Immunity. While largely disposed of across the country, the concept of tort interspousal immunity may impact a claim for theft or fraud. This legal concept arose out of the belief that the married couple was one person, typically the identity of the male.

What is considered community property?

In community property states, all income earned and assets acquired through marital funds are considered to be equally owned by both spouses. In common law states, the title to the asset usually determines who owns the property. In both sets of states, assets acquired through gift, inheritance or the use of premarital funds ...

What an Identity Theft lawyer can do for you

An identity theft attorney will work to hold the thief responsible, recover financial losses, and repair damages you have experienced as a result. If someone is using your name to open accounts and make purchases, you may need a consumers’ rights attorney.

Why hire an Identity theft attorney

When someone else uses your name without your consent, you are the victim of identity theft and may benefit from the services of an identity theft attorney.

Did you know?

The No. 1 cause of identity fraud is not from online identity theft, but from the old-fashioned burglary of your wallet, purse, and other personal identification. If you suspect someone has stolen your identity, contact an identity theft attorney.

What to do if you think you are a victim of identity theft?

If you think you may be a victim of identity theft, you should retain an identity theft attorney to help restore your stolen identity. Dealing with identity theft on your own can become overwhelming. An attorney who is specialized in consumer protection law will be able to make this difficult process less stressful for you.

How to recover identity theft?

If you think you may be a victim of identity theft, you should retain an identity theft attorney to help restore your stolen identity. Dealing with identity theft on your own can become overwhelming. An attorney who is specialized in consumer protection law will be able to make this difficult process less stressful for you.#N#Some of the ways an identity theft attorney may be able to help you include: 1 Contacting uncooperative creditors, credit bureaus, or debt collectors and dealing with them directly 2 Determining the appropriate legal action to take against uncooperative creditors, credit bureaus, and debt collectors 3 Helping you remove fraudulent information from your credit report 4 Providing their legal expertise when handling difficult identity theft issues for you 5 Offering their legal background and experience to easily navigate through the confusing legal system 6 Staying up to date with current consumer protection laws that may affect the outcome of your case 7 Helping you protect your valuable financial information 8 Helping you get your finances in order 9 Explaining your legal options

Is identity theft a risk?

When your identity is on the line, you should not take any risks. Identity theft is dangerous and needs to be penalized strictly. Contact an identity theft attorney in your area today.

What is financial identity theft?

Financial : Many forms of identity theft have some financial component to them, but financial identity theft occurs when the thief uses your information to obtain a loan, withdraw funds from your bank account, uses your credit cards to make purchases, or opens new lines of credit in your name.

How does identity theft affect you?

The Personal Effects of Identity Theft. Identity theft can lead to a lot more than financial, tax, or criminal consequences; it can change how you see yourself and the world you live in. People who are victims of identity theft commonly experience a range of negative emotions.

What is it called when someone pretends to be someone else?

Romantic identity theft, sometimes called “catfishing,” occurs when someone pretends to be someone else to attract a romantic partner. These masquerades are often accompanied by requests for wire-transferred funds or cash advances.

Can a minor get a credit card?

Family identity theft can take many forms, but some types are more common than others when the thief is related to you in some way: Use of a Minor’s Identity : People under the age of 18 can’t get credit cards, obtain loans, or any other form of credit.

What happens if someone steals your money?

Financial Losses : In situations where the identity theft involved someone stealing funds from your accounts, the biggest loss will be the money. While you may be able to recover the lost funds, or dispute the charges if the thief used your credit, sometimes the loss is unrecoverable.

Is identity theft traumatizing?

Identity theft is traumatizing enough as it is. But when the thief is your spouse, brother, or child, the fallout is that much more devastating. You might be able to accept that some thief you don’t know used your identity to his or her own gain, but accepting that the person who victimized you is someone you love is a different matter altogether. What are you supposed to do when your family member steals your identity?

What happens if a thief steals your information?

If the thief uses your information to obtain a job and receive income, you may find yourself on the hook for more income taxes than you expected. Financial Aid : If you or your child plans on using government financial aid for college, identity theft can derail this opportunity.