Identity Theft Legal Questions

Ms. Kelley:  I would be glad to discuss this matter with you.  I handle identity theft cases under the Fair Credit Reporting Act and other consumer protection statutes.  My website is www.loveconsumerlaw.com.  I am located in Alpharetta, GA. Are you available for a call today at 4:30 pm?  Please email me at tlove@loveconsumerlaw.com. Tony Love Love Consumer Law 2500 Northwinds Parkway Suite 330 Alpharetta, GA  30009 404.855.3600  ... Read More

It's difficult to know exactly when the staute of limitations has run on your potential claims without knowing more details about your situation.  Since the theft occurred so long ago it's likely that staute has run unless you can show that you only recently learned about the theft through not fault of your own.  ... Read More

If you haven't done so already, contact the bank and dispute the account. You may also want to pull your Experiam, Equifax, and Trans Union credit reports from annualcreditreport.com to make sure that no credit accounts have been opened in your name. There are also banking credit screening companies that you can pull reports from to ensure no other bank accounts have been opened using your information. These include but are not limited to Certegy Payment Solutions, LLC, ChexSystems, Inc., and Early Warning Services, LLC. If there are any inaccuracies or fraudulent accounts or information on any of those reports, you can contact a consumer protection attorney. They may assist you in pulling the reports as well if you ask them.... Read More

The first thing I would do (if you haven't already done so) is to place a security freeze on your credit reports to make sure additional accounts aren't taken out in your name. I would also make sure you change your passwords on all accounts. You should also file a police report and also file a FTC Fraud Affidavit as there are some parts of this that may be able to be handled by law enforcement. You may also want to reach out to the FBI.  I would then work on pulling your credit reports to review which fraudulent accounts are reporting on your credit reports. You should be able to access your Experian, Equifax, and Trans Union credit reports for free once per year. There are also other credit reporting agencies that you can pull reports from. Here is a link to a list: https://files.consumerfinance.gov/f/documents/cfpb_consumer-reporting-companies-list_2023.pdf From there, you'll want to work on disputing the fraudulent information with each of the credit reporting agencies to have them work on taking these fraudulent accounts off of your credit reports.  You can also reach out to a consumer protection attorney. Many offer free consultations. ... Read More

The chances are almost 100% that this is a scam. Even if the identification of the phone number can be authenticated., Spoofing phone numbers can easily allow the reader on the receiving end to see a real live match to a law enforcement number. The police never call,  they show up at your door. So it's got to be a scam. Block his number. ... Read More

It's truly hard to say. The police and District Attorneys have a tremendous amount of discretion in what to charge and very little incentive to get it right. If law enforcement contacts you, provide the names of the witnesses. But DO NOT TRY TO EXPLAIN YOURSELF. Hire an attorney on a precharge basis to represent you in any conversation with the law. Often in those conversations, they are not trying to get to the truth. They are trying to get enough information to charge you. If they think you did it, you won't be able to explain your way out of it. They are talking to you in the hopes that you will say something incriminating. ... Read More

Non-custodial sentences are available in the vast majority of crimes, whether they be state or federal offenses. One of the most determinitive factors is the defendant's criminal history. The more serious the criminal history the less likely a non-custodial sentence. Other important considerations include the defendant's personal history, including family circumstances, education, employment, and community inovolvement.... Read More

If you know that you are the subject of a federal warrant, you should contact an experienced federal criminal defense attorney immediately to protect your rights. You should not make any statements to law enforcement in the meantime. The attorney will be able to look into the matter and gain information. The attorney can also arragne for a self-surrender, rather than you suffering a public arrest at home or at work. ... Read More

You can always choose to sue someone if you have a valid cause of action and can show damages. As far as criminal charges, you should take whatever information and evidence you have of the crime, a file a report with your local law enforcement agency. This can include the local police department, the county sheriff, or the local FBI field office. They will decide if there is sufficient information to investigate further and/or seek prosecution.... Read More

The ultimate sentence will depend on a number of factors, incuding whether the charge is prosecuted by the state or the feds; the penalty for federal charges tend to me more severe than for state charges. Also, regardless of which jurisdiction prosecutes the case, the sentence will likely be higher than the sentence your fiancee received for the first offense since this represents recidivist behavior and was committed while on parole.... Read More