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If you have additional questions on ID Theft, ask us here & we'll try to answer.
What is the statute if limitations on ID
Written by Guest on 2005-07-11 Please respond to title question.
Thank you |
Written by Guest on 2005-07-11 What is content item ?
Thank you. |
Re: What is the statue of limitations on
Written by jmalmberg on 2005-07-11 I'm guessing that you are asking what the statute of limitations on ID theft is, and I'm assuming that you are a victim.
If you are a victim of ID theft, then you are a crime victim and charges associated with the theft of your identity should not remain on your credit report. Practically speaking however, this will require some work on your part.
First, you need to make sure that you have filed a police report. Then you need to contact all three of the credit bureaus and inform them that you are a victim of ID theft. By supplying them with a copy of your police report, you are entitled to free copies of your credit report (these are over and above any other free credit report copies that you are eligible for).
You will then have to start contacting the various creditors that say that you owe them money as a result of having your ID appropriated.
The entire process can be time consuming and frustrating, but there is no alternative. |
Re: What is content item?
Written by jmalmberg on 2005-07-11 I'm sorry but I don't understand the question. |
Re: What is content item?
Written by cat101 on 2005-07-13 Content items are our published articles. Our articles are written by a specific person and usually deal with a specific issue.
Content items are different from our commented areas. Content items are searchable, whereas, commented items may not be. |
RE: Statute of Limitations
Written by cat101 on 2005-07-13 ID Theft is relatively new. Which statutes are you referring to? Statutes for prosecuting someone that perpetrated ID fraud? Statutes for removing credit items believed to be ID fraud? Statutes for reporting ID Theft? Statutes for freezing you credit file due to ID Theft?
You question needs to be more specific. |
credit checks
Written by Guest on 2005-08-03 I was wondering if anyone could tell me if it is legal for someone to perform a credit check on me without my permission. Thanks. |
RE: credit checks
Written by cat101 on 2005-08-08 Yes. The FCRA give numerous companies permission to do credit checks, without your direct permission. These may include, anyone that is considering doing business with you (normally you'd know who those are - they may include insurance agents, new credit cards, potential landlords, business partners, new bank accounts, etc).
Also, business that you currently owe may periodically do an account review (this may include mortgage companies, credit card companies, finance companies, collection agencies, etc)
The problem with these situations is that sometimes the company shown on your credit report maybe the reseller to these businesses, and not the original business.
I believe that there are some states that have enacted stronger FCRA laws. But due to national corporations and other problems within the credit reporting world, like pre-emption of state rights, the strength of those laws is questionable. |
penalities
Written by Guest on 2005-10-05 what is the maxium penalties a person will get in the state of MI for ID theft |
Re: Penalties
Written by jmalmberg on 2005-10-06 Please register with our site as it makes reponding a lot easier for us.
If convicted under Michigan law, the maximum penalty for identity theft is five years in prison, or $5,000 in fines, or both. |
RE: Penalties
Written by cat101 on 2005-10-06 There maybe be other criminal statutes that could be applied as well; such as a 3 strike rule or defrauding millions of dollars, etc. |
question on id theft
Written by Guest on 2006-01-17 a little over 4 years ago my sister helped me get a pc. I paid on this pc until I lost my job a year later. I contacted her and ask about the possiblity of debt consoludation including that pc I was paying on. She agreed and signed the nesseccary paper work. I have been paying this company now for 3 years. My sister recently was angry that the debt was taking longer to pay off than was expected and started telling everyone I stole her idenity. Now this is not true as she has been fully aware of this debt from the beginning. She said that if this debt isnt paid off in a short time she will file charges on me. As I stated this account has been with a credit consoludation company for 3 years now, along with papers of her signature allowing me to turn this debt over. I was trying to do the best possible solution at the time as I too had a few things that I wanted to make sure got paid but was unable until I could get back to work full time again. My question is, even though she has been aware of this debt, and I have been making the scheduled payments with the credit consuladation company, can she really file id theft charges on me? |
Re: Questions on ID Theft
Written by jmalmberg on 2006-01-17 First, please register with our site as it assists us in responding the inquiries.
Let me start out by saying that anyone can go to the police and file a police report. With that said, it is not up to your sister to file charges. That is a legal decision that is up to your DA or city attorney.
This sort of thing can get very ugly. The likely outcome of any police report filed by your sister would be a short investigation and then the case would probably be dropped. Police departments tend to look at this sort of thing as a domestic dispute. Just make sure that you have copies of the paperwork that she signed. Showing this to the police, along with proof that you are continuing to make payments in the debt consolidation plan that you are in will probably be enough to end the entire thing.
It should also be pointed out that if she did sign an agreement to include your debt in a consolidation program, she would probably be foolish to file a police report. I'm not an attorney but I'd be willing to bet that such a claim could be dtermined to be a "false report". Filing a false police report is against the law and could lead to a fine or jail time.
You may want to talk to an attorney in your area to get some legal advice on what to do in the event your sister actually makes good on her threat. There are various forms of low cost and no-cost legal aid available. Check with the State Bar Association for your state to see what resources are available in your area. |
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Questions on ID Theft
Written by Guest on 2006-01-17 Thank you very much for such a quick and very informative reply. I apperciate the time you took to answer me!
Written by lemat on 2006-03-30 I am a recent victim of credit theft and I suspect that my info may have been obtained after I went to a home shopping party and used my card to pay for the merchandise. The reason I believe this is out of 30 people in attendance so far three of us have had our credit cards used in out-of-state locals. I don't believe it is mere coincidence. I have a fraud alert on file and have filed a police report with my town, however, the home shopping party was in another town so I am unsure of where to go to next.
My question is: are home shopping parties where a salesperson is there at the 'host' house an easy target for credit fraud? If so, what preventive measures can be taken to ensure that your credit is safe?
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Re: Home Shopping Parties
Written by jmalmberg on 2006-03-31 Actually, anyplace that you hand a credit card over to someone, and the card is not within your view 100% of the time, there is a possiblity of becoming a victim. The problem has become especially prevalent in restaurants. The waiter takes your card, walks away for a few minutes, and then returns the card.
Typically in this type of theft, the person who you give your card to runs the card through a hand-held card swiper. The swiper makes a record of all of the information contained on the magnetic strip. This data is then used to make a duplicate card.
Even if the card does remain in sight, there is still the potential for misuse if a manual credit card machine is used. These are the old machines that imprint the card number on old style visa and mastercard receipts. I would be willing to bet that this is the type of processing that was used at the party you went to.
This type of processing provides as savvy theif with an easy opportunity because the entire card number , your name, and the card's expiration date a imprinted on the receipt. Durring the process, the person imprinting the card will probably also look at the back of it to insure that it has been signed. It is at this point that they can copy the security code on the back of the card. Once they have that, they can charge up a storm online, and nobody will question them.
Protecting yourself may not be easy, but it is not impossible either.
The best thing to do is pay in cash. If you can't do that, or if you want more flxibility, use a debit card. Not the cards issued by your bank that are tied to your checking account. Instead, you can purchase a debit card from a third party. With these cards, the maximum amount of money you risk is the amoun that you placed on the card. These also have the added benefit of not being tied to your credit report.
Do not think that using a check will protect you. Federal legislation known as Check21 stipped away much of the federal protection that checking accounts enjoyed for years. Therefore, I would not suggest providing checks to anyone who you do not know by name or reputation.
If you ever have reason to believe that someone may be using your credit card without your permission, report it lost. That will stop any future activity and allow you to get a new card. |
RE: Shopping Parties
Written by cat101 on 2006-03-31 Everyone needs to remember, us, the consumers, are protected against fraud.
If your credit card is used fraudulently, you are limited to $50 liability. Usually if you deal with a bank that knows you, they even wave the $50.
If your check is altered or used fraudulently, all monies are to be returned to you by the bank. Regretfully, they have up to 90 days to return it. But based on what I've seen they usually return it much quicker, like a couple of days. And they work to minimize any "honest" checks from bouncing.
Anyway, my point is "I DO NOT CHANGE MY LIFE IN FEAR OF WHAT IF.....I still write a lot of check & I use my charge card when appropriate.
I do not consider fraudulent use of my credit card or altered check as identity theft! If these things happen, I merely have the bank change my credit card number and change my bank account. Regretfully, I do have to buy new checks.
These things have been occurring for over 50 years and are easily corrected. The main things is to never make yourself an easy target -- such as:
DON'T print your SSN on you check.
DON'T print your driver's license number on your check.
DON'T provide your SSN to anyone unless YOU understand what it is to be used for.
DO obtain your free credit report annually and review the information.
DO immediately file a police report (where you live and in person) when your credit card or check is fraudulently use. |
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BANK ACCOUNT
Written by Guest on 2006-10-19 MY BOYFRIEND WAS WORKING OUT OF TOWN AND I HAD PERMISSION TO WRITE CHECKS FOR THE HOUSE AND SO ON.....I BROKE UP WITH HIM AND WENT BACK TO MY HUSBAND AND NOW MY EX-BOYFRIEND IS STATING THAT I DID NOT HAVE PERMISSION TO WRITE THESE CHECKS. In january will be a year. I dont want anything to do with him anymore. Please help, Can he do this? | Re: Bank Account
Written by Guest on 2006-10-19 Were you registered with the bank as a signer on the account? If not, did he give you permission in writing... preferably with a power of attorney? If not, you may very well have a problem here. You may want to speak with an attorney. | RE: BANK ACCOUNT
Written by cat101 on 2006-10-25 Is he just making these statements to you? Did he have the checks returned as "fraud"?
No statutes of limitations for fraud.
However, there is implied consent, because he let you write on the account for things like rent, utilities, etc. | Statue of limitations
Written by samsworld on 2007-11-01 Ex-husbands (very, very messy divorce)father helped open a credit card account for me 14 years ago. He now says he did not and is charging me with ID Theft. Credit card company no longer keep applications that old. I paid the account completely in full. Have hired an attorney and will meet with him next week. After 14 years can he still charge me? | Statute of limitations
Written by cat101 on 2007-11-06 I beleive there is a one year statute, but the year begins when you discover it. Usually ID Theft is a police matter. Did the police come & visit you? What did they say? | CREDIT CARD FRAUD!!!
Written by Robertlamont80 on 2008-02-02 About five years ago I used my girlfriends mothers card to make some purchases. I did not have permission to use it. Shortly after, I couldn't stand the guilt, so I told her what I had done. She said not to worrie about it. After I broke up with her daughter, she started demanding money. I thought that was totally fair so I paid her back what I had charged. She said she is going to charge intrest and late fees although this was never set up in a agreement between us. I feel that I should not have to pay this. She is threatning taking me to court and charges!!!! Threats constitute as Extortion!!! I am very scared, I have been attending school working on my degree in nursing and fear that if I get in some kind of trouble for this I will be unable to work in the medical field!!!! I live in Michigan and need any help on this matter I can get. | Re: CREDIT CARD FRAUD!!!
Written by jmalmberg on 2008-02-04 I think you probably need to speak with an attorney.
Most people would not be willing to spend thousands of dollars suing someone that owes them a small amount of money. Therefore, her civil recourse is probably to take you to Small Claims Court. If she does this, it is likely that she will be awarded any interest charges and late fees that are owed.
What you really need to consider is whether or not she talks to your local DA's office. If she does that, depending upon the statute of limitations in your area, the DA may bring charges against you. I'm not an attorney but there is a very good chance that these would be felony charges.
Using someone's credit card without their permission is fraud. Although you may not like the way she is handling the situation, put yourself in her shoes. If she had to pay late charges and interest because you used her credit, then she has every right to be upset with you. These are costs that she would not have incurred if not for your actions. I doubt that you'd be happy about them if you were in her position.
The best advice is to talk to her, get a dollar figure that she is looking for, and work out a payment plan. Then you need to stick to it. |
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Identity Theft 
