Help for California Identity Theft Victims
Under section 530.5 of the California Penal Code the definition of “Identity Theft” is taking another’s personal information and using it for an unlawful purpose. Such unlawful purposes include things like taking funds out of bank or financial accounts or opening credit accounts or taking out student loans in the victim’s name. However, the worst type of identity theft occurs when an unauthorized person takes over a victim’s identity altogether by running up huge debt and committing crimes while using the victim’s name. In such a dire situation, the damages extend to out-of-pocket financial losses, in addition to the losses incurred in working to restore a reputation and correcting erroneous information. Plus there are immediate and long-term consequences of not being able to obtain money for things like education costs or personal loans. Working your way out of the mess caused by someone taking your information and using it for an unlawful purpose will take time and a certain amount of vigilance on your and your attorney’s part.
Are There Laws Designed to Protect Against Identity Theft?
In the United States, the Department of Justice is responsible for prosecuting identity theft and fraud cases. In the fall of 1998 Congress passed the Identity Theft Assumption and Deterrence Act. Under this Act, knowingly transferring or using the identification of another person with the intent to commit an unlawful activity is a violation of Federal law. Under this Federal law a person can be imprisoned for up to 15 years and suffer other ramifications, such as fines and forfeiture of property.
Does California Have Laws That Protect Victims of Identity Theft?
If you are a victim of identity theft in California you have certain rights. There are laws in the California Penal and Civil Codes that define identity theft as a crime, impose punishment, and provide remedies. Your rights as an identity theft victim are numerous. For example, as an identity theft victim, you have the right get copies of documents relating to fraudulent transactions or accounts created using your information and to have information resulting from identity theft removed from your credit reporting agency files.
Civil Remedies Available under California Law for Identity Theft Victims
As a victim of identity theft, there are a number of civil remedies available to help you counter the negative impact of someone using your identity for an unlawful purpose. For example, under section 1798.93 of the California Civil Code a victim of identity theft can bring a lawsuit against those who make a mistaken claim against the victim. The remedies allowed under California law can include a court declaration that the victim is not obligated to pay the claim, or an injunction to stop attempts to collect the claim, compensation for the victim’s actual losses, and possible civil penalties up to $30,000.00.
Why You Need Help Restoring Your Reputation, Credit, and Name
The case of identity theft that served as the catalyst for the Federal government to create the Identity Theft and Assumption Deterrent Act involved a victim that spent more than four years and more than $15,000 of their own money to restore their credit and reputation. In that case the criminal incurred more than $100,000 of credit card debt, obtained a federal home loan, bought homes, motorcycles, and handguns in the victim’s name, and filed bankruptcy in the victim’s name.
Moving forward in your personal and financial life when such damage has been caused to your financial history and personal reputation will take time, vigilance, and patience. In addition to taking steps such as calling creditors, obtaining police reports, and writing to credit bureaus, there are specific steps that to be taken that will require the expertise of someone who knows how to write persuasively, negotiate well, and serve as an advocate for identity theft victims. A common example is the step of creating an identity theft affidavit. This “Federal Trade Commission’s ID Theft Affidavit” is accepted by credit bureaus and by creditors. It is a tool that can be invaluable in helping to clear your name.
The attorneys at San Diego Law Firm understand what it takes to negotiate with creditors, interact with local and federal prosecuting agencies, and handle the very time- consuming aspects of correcting information for identity theft victims. If you are an indentify theft victim and would like a consultation, you can reach San Diego Law Firm at 619-794-0243. We can help clear your name and restore your reputation.
