Identity theft is one of the fastest growing crimes in the United States today. Victims may find that their credit ratings have been destroyed, and they may get harassing calls from creditors and debt collectors. They may even be sued for debts that do not belong to them. Although identity theft can be a major inconvenience, most victims find that with persistence and patience, most of the damage can be contained.
The first thing that an identity theft victim should do is to get a copy of their credit reports from all three of the major credit bureaus. The reports should be carefully reviewed to determine which accounts are fraudulent. The victim should then go to their local police department to file a complaint. Some police departments are reluctant to process such complaints, but be insistent, and request that the department issue a report of the complaint..
The victim should also call each creditor and inform them of the identity theft. It is a good idea to keep careful notes of the date and time of each call, the substance of the discussion, and the name of the person spoken to. The creditor will probably ask the victim to fill out a fraud affidavit. Agreeing to do this will usually facilitate getting the creditor to drop the account. If the creditor refuses to do so and continues to try to collect the account, then a Connecticut resident may have the right to sue them for continuing to collect a debt without taking reasonable steps to confirm that it is valid.
If third party debt collector has gotten involved, then the victim should write to the debt collector and inform it that the account is fraudulent. If the debt collector continues with collection efforts, then there might be a right to sue them under the Fair Debt Collection Practices Act.
Frequently, the biggest problem that a victim has is the damage to credit rating. Once the victim has received the police report, it should be sent to each credit bureau with a letter explaining that the report has fraudulent accounts. Something like the following should suffice:
To Whom It May Concern:
I am writing concerning my credit report. My social security number is ###-##-#### and my address is [Victim's Address]. I have been a victim of identity theft. I enclose a copy of a report from the [Victim's Town or City] police department. Please be advised that I did not open the following reports:
Bank of the United States, Account No. ##############3456
National Finance Company, Account No. ##########9876
Acme Mail Order Co., Account No. #########1234
Please conduct an investigation and remove these items from my report. Thank you.
It is a good idea to keep copies of each letter. Once the credit bureau receives the letter, it is required to conduct an investigation and to check with the account holder to see what evidence they have that the account is legitimate. If a credit bureau doesn't remove an account from the report, then the victim may have a right to sue it and the account holder under the Fair Credit Reporting Act.
Consumer Law Group assists identity theft victims, usually without requiring them to pay any money except out of the recoveries from the lawsuits that we bring. Our goal is to remove the fraudulent accounts from our clients' credit reports and to stop creditors and debt collectors from harassing them. Please contact us to see how we can help.
One special type of identity theft requires care and delicacy. Sometimes, the victim knows or suspects that the person who stole their identity is a family member or a loved one. We are accustomed to handling such situations, and we work with our clients to help them balance their financial concerns with their legitimate interest in protecting others.
Consumer Law Group, LLC 35 Cold Spring Road, Suite 512 Rocky Hill, CT 06067 860 571-0408 fax: 860 571-7457 Contact Us
Attorney Daniel S. Blinn is responsible for the contents of this website.
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