Thursday, March 27, 2008

ATTORNEY'S ADVICE – 10 Things You Must Do If Your Wallet Is Lost or Stolen



Not A Joke!! If you dislike attorneys..... You will love them
for these tips. Read this and make a copy for your files in case you need to refer to it someday. Maybe we should all take some of his advice! A corporate attorney sent the following out to the employees in his company.

1. Do not sign the back of your credit cards. Instead, put
'PHOTO ID REQUIRED.'

2. When you are writing checks to pay on your credit card accounts, DO NOT put the complete account number on the 'For' line. Instead, just put the last four numbers. The credit card company knows the rest of the number, and anyone who might be handling your check as it passes through all the check processing channels won't have access to
it.

3. Put your work phone # on your checks instead of your home phone. If you have a PO Box, use that instead of your home address. If you do not have a PO Box, use your work address. Never have your SS# printed on your checks. (DUH!) You can add it if it is necessary. But if you have It printed, anyone can get it.

4. Place the contents of your wallet on a photocopy machine. Do both sides of each license, credit card, etc. You will know what you had in your wallet and all of the account numbers and phone numbers to call and cancel. Keep the photocopy in a safe place.

I also carry a photocopy of my passport when I travel either here or abroad. We've all heard horror stories about fraud that's committed on us in stealing a Name, address, Social Security number, credit cards.

Unfortunately, I, an attorney, have first hand knowledge because my wallet was stolen last month. Within a week, the thieve( s ) ordered an expensive monthly cell phone package, applied for a VISA credit card, had a credit line approved to buy a Gateway computer, received a PIN number from DMV to change my driving record information online, and more.

But here's some critical information to limit the damage in case this happens to you or someone you know:

5. We have been told we should cancel our credit cards immediately. But the key is having the toll free numbers and your card numbers handy so you know whom to call. Keep those where you can find them.

6. File a police report immediately in the jurisdiction where your credit cards, etc., were stolen. This proves to credit providers you were diligent, and this is a first step toward an investigation (if there ever is one).

But here's what is perhaps most important of all: (I never even thought to do this.)

7. Call the 3 national credit reporting organizations immediately to place a fraud alert on your name and also call the Social Security fraud line number. I had never heard of doing that until advised by a bank that called to tell me an application for credit was made over the internet in my name.

The alert means any company that checks your credit knows your information was stolen, and they have to contact you by phone to authorize new credit.

By the time I was advised to do this, almost two weeks after the theft, all the damage had been done. There are records of all the credit checks initiated by the thieves' purchases, none of which I knew about before placing the alert. Since then, no additional damage has been done, and the thieves threw my wallet away this weekend (someone turned it in). It seems to have stopped them dead in their
tracks.

Now, here are the numbers you always need to contact about your wallet, if it has been stolen:

1.) Equifax: 1-800-525-6285
2.) Experian (formerly TRW): 1-888-397-3742
3.) Trans
Union : 1-800-680 7289
4.) Social Security Administration (fraud line):
1-800-269-0271

Of course, an ounce of prevention is worth a pound of cure. Lifelock’s service stops identity thieves in their tracks. It can stop the damage caused by an identity thief before it happens by locking your information so that it cannot be used. Their service is backed by a $1,000,000 guarantee. It costs less than $10 per month. Click here for a free one month trial
.







Wednesday, March 26, 2008

The Guide to UK Home Ownership

Now, more than ever, your home is the single largest purchase you are likely to make during your lifetime. Taking that first (or second or third) step(s) up the property ladder can be confusing and daunting.

Here is:

THE GUIDE – A quick reference guide to the steps involved in the purchase of your first or subsequent home. It covers everything from budgeting, finding the right mortgage and solicitors, and even exchanging contracts. It is full of simple, easy to follow, advice to ease your first steps onto the property ladder.

Step 1. Are You Financially Ready to Own a Home

Home ownership can be a blessing or a curse. If you have established a proper financial foundation, it can be a springboard for a successful and prosperous future. If not, it can be the first step down the path towards insolvency or bankruptcy. Here are some steps to building your foundation.

Establish an emergency savings account of at least £1000. Remember, unexpected expenses happen. You want to have some reserves set aside so that you will be able to pay those expenses and still be able to pay your other obligations. You also do not want to be forced into paying those expenses using high interest rate credit cards. In the United States, many families were forced into foreclosure and bankruptcy due to the lack of even a modest savings account. Learn from their unfortunate example.

Save 10% of each and every paycheck. As soon as you receive your pay, pay yourself first. Set aside 10% of each check in a separate savings account. Once you have four to six months of income saved you can start saving for your down payment. The reason for having this much money in savings is so that things such as a brief period of unemployment or illness will not force you into foreclosure or bankruptcy. Many families have so little in savings that they are always one or two missed paychecks away from bankruptcy.

After completing the first two steps, start saving for the deposit. Some experts recommend paying anywhere from 10% to 30% of the purchase price as a deposit. By making a higher deposit, you will borrow less money, have a lower monthly payment and will pay less interest. If you don’t make a large deposit, some lenders will charge a “High Lending Charge” which could add as much as £2000 to the cost of buying your new home.

Step 2. Calculating Your Budget

How much can you pay for your home? How much will it really cost you? Set your sights realistically and never borrow more than you can comfortably pay back.

First, work out how much you could afford to pay for your monthly mortgage payment. To help you, here is a monthly budget planner. Simply list your monthly outgoings and subtract it from your monthly income.

Monthly Budget Planner

Income

Your take home pay after taxes £

Spouse / partner’s take home pay after taxes £

Other Regular Income £

Total Monthly Income £

Expenses

Hire purchase / other loan repayments £

Credit Card / store card repayments £

Council tax payments £

Food / clothing £

Gas/ Electricity / Water/ Telephone £

House buildings / contents insurance £

Endowment / life assurance premiums £

Mortgage Payment Protection Insurance £

Travel / car (fuel / maintenance / insurance / tax) £

Savings £

Other £

Total Outgoings £

Amount Available for Mortgage Payments £

Step 3. Other Costs to Remember

When developing your budget, remember there are other costs associated with a home purchase including: Solicitor’s Fees, Land Registry, Valuation / Survey, Searches, Stamp Duty and Home Insurance. These costs could add as much as £4,825 on a £100,000 purchase.

Also, you will no doubt want to make your home, your own. You may want to make repairs, redecorate, paint or even remodel your new home. You may also want to buy new furniture or appliances. Remember to consider these costs as well.

Step 4. Choosing the Right Mortgage

There are many lenders offering many different types of mortgages. Two things to consider are:

How will you pay back your mortgage?

With a repayment mortgage you will pay back interest and a portion of the capital with each monthly payment according to an amortization schedule. After you make the last scheduled payment, you will own your house free and clear of all liens. On an interest only mortgage, you will pay back only the interest portion of the loan. You will need to make provisions to repay the capital.

What type of mortgage best suits your needs?

A fixed mortgage provides you the security of knowing what your monthly payments will be for the duration of the loan, while with a variable rate mortgage you take the risk that your payments will move up and down with changes in the interest rates. A variable rate mortgage may initially offer lower payments in the beginning, but the payments will increase if interest rates increase after the initial period.

What length of mortgage best suits your needs?

Mortgages also come in varying terms such as a 2 year, 3 year, 5 year, 10 year 25 or 30 year term. As the length of the term increases, the payments decrease. However, with a longer term loan, you will pay much more interest over the duration of the loan. How much more? Here is a simple rule called the Rule of 72. It says that to calculate how long an amount of money will double at a given rate of interest, simply divide the interest rate into the number 72.

For example, if you invested £100 at 8% interest, at the end of nine years you would have £200. It works the same way for mortgage payments. Suppose you borrow £100,000 at 8.00%

Loan, Term, & Interest Rate

Monthly Payment

Capital Paid

Interest Paid

Total Paid

£100,000, 10 year term @ 8.00%

£1213

£100,000

£145,594

£245,594

£100,000, 20 year term @ 8.00%

£836

£100,000

£100,746

£200,746

Step 5. Agreement in Principle

Your real estate agent may ask you to provide evidence showing how much money you can borrow. You can do this by getting an agreement in principle with your mortgage lender which is based upon your income, employment status, and the type of property you are looking to buy. It shows that a lender is willing to give you a mortgage and how much you could borrow from them.

Step 6. Making an Offer

Once you have found a property that you want to buy, you need to make an offer to the owners through your real estate agent. Negotiate. Your broker can help you make the right offer. Remember, sellers set their initial price with the expectation that they will have to negotiate downwards. Never offer more than you are willing or able to pay. Also, if the seller won’t negotiate an agreeable price, do not be afraid to walk away. Sooner or later, you will find the right house at the right price.

Step 7. Full Mortgage Application

Once you have found the right property and your offer has been accepted, you need to make your full mortgage application with your lender. The lender will want to see proof of your identity, income, and current address. They will also run credit checks and arrange for a valuation of the property. After they are fully satisfied, they will make a formal offer to you.

Step 8. Finding the Right Solicitor

You will need to hire a Solicitor or Licensed Conveyancer. How do you find one? Word of mouth is a common way to find a solicitor. You may also ask your real estate agent or lender for a referral. Finally, you can search the following websites: www.lawsociety.org.uk or www.conveyancer.org.uk

Step 9. Getting a Survey Done

Your lender will have a valuation performed on the property to ensure that it is worth the asking price.

You should also have a “Home Buyers Report” prepared. That is a detailed inspection of the property to make sure that it is structurally sound and highlight potential maintenance and repair problems of which you might not be aware.

Step 10. Exchanging Contracts

Since your home may be the biggest purchase that you make, it is obvious that the legal paperwork is critical. When you and your solicitor are satisfied, and your mortgage offer is in place, you are ready to exchange contracts. After you sign the contract and pay the deposit, your contract is legally binding. If you then choose to pull out, you may forfeit your deposit. Make sure that you discuss everything with your solicitor, and if you do not understand something then ask.

Remember, you also need to purchase Buildings and Contents Insurance to protect your home and belongings. You also want Mortgage Payment Protection Insurance to pay your mortgage in the event that you become unemployed or unable to work because of illness or disability. Finally, you should consider Life Cover which pays off your home in the event of your death.

Step 11. Moving In

On exchange of contracts, a completion date is agreed. On that date, your solicitor arranges for the money to be transferred and your real estate agent gives you the keys to your new home!

Moving is always stressful; however there are some things you should do to make it as pleasant as possible:

§ Organize a Removals Van

§ Get packed, also label each box with its contents by room

§ Have your post redirected

§ Change the address on your drivers’ license and passport

§ Arrange for the utility meters to be read

§ Cancel direct debits

Enjoy your new home.

Monday, March 24, 2008

Removing Civil Judgments From Your Credit Report


If you have judgments against you on your credit report, you have two choices. Pay and get a satisfaction of judgment or dispute them with the credit bureaus.

A civil judgment is a court order for a person who owes money (judgment debtor) to pay it to another (judgment creditor). The court does not make the debtor pay the creditor. The creditor has to take action, on their own to collect the debt. They have several options.

First, if the debtor owns real-estate, they can have the judgment recorded in the counties where the real-estate is located. If the debtor tries to sell or refinance the property, a title search will show the judgment. The judgment is a lien on the real estate, just like a mortgage, and must be paid off before the property can be sold.

If the judgment is large enough, and the debtor has non-exempt equity in the property then the creditor can foreclose their lien and have the property sold to pay off the judgment. If the property is the debtor’s residence, there are special rules that apply. For instance, in the United States, a portion of the equity in the real estate is exempt from creditor’s claims. In Colorado, the first $60,000 in home equity is exempt. That means the debtor can keep the first $60,000 in equity from the sale. It works like this. If the creditor had a $100,000 judgment and the debtor owned a $425,000 house with $90,000 in equity and the house was sold at a foreclosure sale for $425,000, the creditor would get $30,000 from the sale.

Judgments can also be collected against bank accounts, and wages through garnishment.

Finally, a creditor can elect to have the county sheriff seize non-exempt personal property from the debtor and have it sold at a Sheriff’s Sale.

Unsatisfied civil judgments ( that means unpaid ones) also damage your credit score. The credit bureaus find out about judgments by searching real estate and court records. If you have paid off or settled a judgment, you must have the creditor file a Satisfaction of Judgment with both the court, and in any counties where the judgment was recorded. That way it shows that the judgment was paid, and it will not hinder any of your real-estate transactions.

If the judgment continues to appear on your credit report, after the satisfaction of judgment form(s) has/have been filed, then you can dispute the matter with the credit bureaus. Send a letter to each of the credit bureaus informing them that the judgment has been paid. Include a copy of the satisfaction of judgment from the court. The credit bureau will then have 30 days to verify this with the court, and then will have update their information to show that the judgment has been paid.

In some states, a judgment debtor’s social security number is not included in the court file. When this happens, and a judgment is recorded, a credit bureau may list the judgment as being against all debtors with the same or similar name. If the judgment is not yours, you need to follow the dispute procedure listed above and request that it be deleted from your report. In the short term, for a real-estate closing for example, you may be able to provide an affidavit stating under oath that the judgment is not against you.

If you have a common name, like “Johnson”, “Smith”, or “Martinez”, chances are that you will have judgments erroneously placed on your credit report. When I bought my first house, there were over 30 judgments listed on my report. Some were from states that I had never even visited, and others dated from before I was born. I had to supply my title insurance company and mortgage lender with an affidavit swearing that they were not my judgments.

Tuesday, March 18, 2008

My New Website Just Went Live

My new website just went live. Check it out.

Monday, March 10, 2008

Identity Theft: What to Do if It Happens to You Part 2

Here is Another Common Scenario

An identity thief uses your personal information to obtain credit. They don’t pay the bills so a debt collector demands payment and places negative information on your credit reports. As a result, your credit score is lowered, making it difficult or impossible to obtain new credit yourself.

This guide provides victims of identity theft with instructions on how to regain your reputation and financial health and who to contact for more help. You must act quickly and assertively to minimize the damage.

1. Notify credit bureaus and establish fraud alerts. Immediately report the situation to the fraud department of the three credit reporting companies -- Experian, Equifax, and TransUnion. Placing the fraud alert means that your file will be flagged and that creditors will be required to call you before extending credit.

Here is their contact information:

Equifax P.O. Box 740250, Atlanta, GA 30374- 0241.
Report fraud: Call (888) 766-0008 and write to address above.
TDD: (800) 255-0056
Web: www.equifax.com

Experian: PO Box 9532
Allen TX, 75013
Report fraud: Call (888) EXPERIAN (888-397-3742) and write to address above.
TDD: Use relay to fraud number above.
Web: www.experian.com/fraud

TransUnion: P.O. Box 6790, Fullerton, CA 92834-6790.
Report fraud: (800) 680-7289 and write to address above.
TDD: (877) 553-7803
E-mail (fraud victims only): fvad@transunion.com
Web: www.transunion.com

Under the Fair Credit Reporting Act (FCRA, §605A) you can place an initial fraud alert for only 90 days. The credit bureaus will each mail you a notice of your rights as an identity theft victim. Once you receive them, request the following:

  • a free copy of your credit report
  • an extension of the fraud alert to seven years. You must have evidence of attempts to open fraudulent credit accounts and an identity theft report to get the seven year alert.
  • that only the last four digits of your social security number appear on the credit report

In all communications with the credit bureaus, you will want to refer to the unique number assigned to your credit report and use certified, return receipt mail. Certified Return Receipt Mail shows proof that you mailed the letter as well as its receipt. Be sure to save all credit reports and other correspondence, along with the proof of mailing and delivery as part of your files.

Examine your credit reports carefully. Report fraudulent accounts and erroneous information in writing to both the credit bureaus and the credit issuers following the instructions provided with the credit reports. The FTC’s identity theft guide provides a sample letter to send to the credit bureaus requesting that fraudulent accounts be blocked. www.ftc.gov/bcp/conline/pubs/credit/idtheft.htm#Resolving

After you notify the credit bureaus about the fraudulent accounts, the bureau must block that information from future reports. The bureau must also notify the credit grantor of the fraudulent account. (FCRA, §605B) Ask the credit bureaus for names and phone numbers of credit grantors with whom fraudulent accounts have been opened if this information is not included on the credit report. In addition, instruct the credit bureaus in writing to remove inquiries that have been generated due to the fraudulent access.

1a. Monitor your credit reports .

Under FACTA, The credit bureaus must provide you with free copies of your credit reports once per year. This is in addition to the free reports you can order when you place fraud alerts on your three credit reports. Once you have received your free credit reports as a part of the fraud-alert process, follow up in a few months by taking advantage of your free FACTA copy.

For more on free credit reports, see www.ftc.gov/bcp/conline/pubs/credit/freereports.htm and www.annualcreditreport.com.

In Colorado, Georgia , Maine, Maryland, Massachusetts, New Jersey, and Vermont, whether a victim or not, you can receive one free credit report each year under state law, over and above the free FACTA report you can receive yearly under federal law.

1b. Security freeze. You can request that the credit bureaus "freeze" your credit reports. That way, credit issuers may only access your reports with your permission.. This stops thieves from opening up new credit in your name. In most states, security freezes are available at no charge to identity theft victims and for a relatively small fee for non-victims.

2. Law enforcement. Report the crime to your local police or sheriff's department right away. You might also need to report it to police department(s) where the crime occurred if it's somewhere other than where you live. Give them as much documented evidence as possible. Make sure the police report lists the fraudulent accounts . Get a copy of the report, which is called an "identity theft report" under the FCRA. Keep the phone number of your investigator handy and give it to creditors and others who require verification of your case. Credit card companies and banks may require you to show the report in order to verify the crime.

FTC regulations define an "identity theft report" to include a report made to a local, state, or federal law enforcement agency. If your local police department refuses to file a report and your situation involves fraudulent use of the U.S. mail, you can obtain an identity theft report from the U.S. Postal Inspector. If your case involves fraudulent use of a driver's license in your name, you might be able to obtain a report from your state's Department of Motor Vehicles. The FTC has more information on identity theft reports at www.ftc.gov/bcp/conline/pubs/credit/idtheft.htm#Identity

3. Federal Trade Commission. Report the crime to the FTC. Include your police report number. Although the FTC does not itself investigate identity theft cases, they share such information with investigators nationwide who are fighting identity theft.

4. What to do with new credit accounts opened by the imposter. If your credit report shows that the imposter has opened new accounts in your name, contact those creditors immediately by telephone and in writing. Recent amendments to the FCRA (§623(6)(B)) allow you to prevent businesses from reporting fraudulent accounts to the credit bureaus. The FTC provides a sample dispute letter at www.ftc.gov/bcp/conline/pubs/credit/idtheft.htm#Resolving (scroll down).

Creditors will likely ask you to fill out fraud affidavits. The FTC provides a uniform affidavit form that most creditors accept, www.ftc.gov/bcp/conline/pubs/credit/affidavit.pdf . No law requires affidavits to be notarized at your own expense. You may choose to substitute witness signatures for notarization if creditors require verification of your signature.

Ask the credit grantors in writing to furnish you and your investigating law enforcement agency with copies of the documentation, such as the fraudulent application and transaction records.

You must provide a copy of the FTC affidavit or another affidavit acceptable to the business, plus government-issued identification, and a copy of an "identity theft report" (police report) in order to obtain the documents created by the imposter. The business must provide copies of these records to the victim within 30 days of the victim's request at no charge. The law also allows the victim to authorize a law enforcement investigator to get access to these records.

When you have resolved the fraudulent account with the creditor, ask for a letter stating that the company has closed the disputed account and has discharged the debts. Keep this letter in your files. You may need it if the account reappears on your credit report.

You must also notify the credit bureaus about the fraudulent accounts. Instructions are provided in Section 1 above.

5. Handling problems with your existing credit or debit accounts. If your existing credit or debit accounts have been used fraudulently, report it in writing immediately to the credit card company. Request replacement cards with new account numbers. Do this by phone and in writing.

6. Debt collectors. If debt collectors try to get you to pay the unpaid bills on fraudulent accounts, request that they provide you with both their name and address as well as the identity of the original creditor. They have to do this within 30 days of your written request. This information is normally printed in their initial letter to you. If they contact you by telephone, ask for this information in writing. Inform them of the identity theft and send them a copy of the identity theft report. Under the FCRA, a debt collector must notify the creditor that the debt may be a result of identity theft.

7. Check and banking fraud. If you have had checks stolen or bank accounts set up fraudulently, ask your bank to report it to ChexSystems, a consumer reporting agency that compiles reports on checking accounts. Also, place a security alert on your file (see web address below). Your bank should be able to provide you with a fraud affidavit. Put "stop payments" on any outstanding checks that you are unsure about. Close your checking account and other affected accounts and obtain new account numbers.

If your own checks are rejected at stores where you shop, contact the check verification company that the merchant uses. The major ones are listed here.

Fidelity National Information Services
(was Certegy)

(800) 437-5120

www.fidelityinfoservices.com

SCAN

(800) 262-7771

www.consumerdebit.com

TeleCheck
For annual file disclosure
Fraud, id theft department

(800) 366-2425
(800) 835-3243
(800) 710-9898

.

International Check Services

(800) 526-5380

.

CrossCheck

(800) 843-0760

www.cross-check.com

Under a new federal law, you now have a right to obtain any reports that these companies compile about you. For ChexSystems and any of the check verification companies listed here that you have had to contact as a result of your identity theft situation, we recommend that you request a copy of your file once a year. Make sure your file has been corrected. If not, you will find it difficult to open new bank accounts and/or write checks. Visit the web sites listed above to learn how to order your free annual reports.

8. ATM cards. If your ATM or debit card has been stolen report it immediately. Contact your bank and fill out a fraud affidavit. Get a new card, account number, and password.

ATM and debit card transactions are subject to the Electronic Fund Transfer Act. (15 USC §1693) Even if you are a victim of identity theft, your liability for charges can increase the longer the crime goes unreported. For more on EFTA, see the Federal Reserve Board's guide, www.federalreserve.gov/pubs/consumerhdbk/electronic.htm. Also read the FTC's guide on electronic banking, www.ftc.gov/bcp/conline/pubs/credit/elbank.htm

9. Brokerage accounts. If an identity thief targets your brokerage account, refer to your account agreement for information on what to do. Immediately report the incident to the brokerage company and notify the Securities and Exchange Commission, www.sec.gov . Also notify the National Association of Securities Dealers, www.nasd.org. To protect against fraud, put a password on each of your investment accounts.

10. Fraud involving U.S. mail. This happens in many ways. Sometimes a thief fraudulently has your mail forwarded to another address. Other times, they simply steal you mail. If you do not have a locking mail box, get one. Also, don’t mail out bill payments from your house, take them to a post office or USPS mailbox. Finally to prevent mail theft, consider receiving and paying your bills online or by telephone. If you suspect mail fraud, call the U.S. Postal Service to find the nearest Postal Inspector at (800) 275-8777 or visit its web site at www.usps.com/postalinspectors. The online complaint form is available at www.usps.com/postalinspectors/fraud/MailFraudComplaint.htm. Or you can mail your complaint to: U.S. Postal Service, Criminal Investigations Service Center, Attn: Mail Fraud, 222 S. Riverside Plaza Suite 1250, Chicago, IL 60606-6100.

11. Secret Service. The U.S. Secret Service also has jurisdiction over financial fraud. But, based on U.S. Attorney guidelines, it usually does not investigate individual cases unless the dollar amount is high or you are one of many victims of a fraud ring.

12. Social Security number (SSN) misuse. The Social Security Administration (SSA) does not provide assistance to identity theft victims. But be sure to contact the SSA Inspector General to report Social Security benefit fraud, employment fraud, or welfare fraud.

  • Social Security Administration online complaint form: www.socialsecurity.gov/oig
  • SSA fraud hotline: (800) 269-0271
  • By mail: SSA Fraud Hotline, P.O. Box 17768, Baltimore, MD 21235

If your SSN card has been stolen or lost, order a replacement. Complete the SSA's application available at www.socialsecurity.gov/online/ss-5.html or by calling the SSA at (800) 772-1213, or by visiting your local SSA office. You will need to provide the required documentation such as birth certificate and government ID at your local SSA office to get a replacement card.

13. Passports. Whether you have a passport or not, write to the passport office to alert them to anyone ordering a passport fraudulently.

14. Phone service. Identity thieves often establish fraudulent cell phone accounts, with monthly bills going unpaid. The imposter might also have opened local and long distance telephone accounts. If the imposter has obtained phone account(s) in your name, contact the phone company for information on how to report the situation. The steps that you take to clear your name with both the phone company and credit bureaus are much the same as with credit card accounts described above in steps one and three. In California, SBC-Pacific Bell's fraud hotline is (877) 202-4558.

If your calling card has been stolen or there are fraudulent charges, cancel it and open a new account. For your own phone accounts, add a password that must be used any time your local, cell phone, and long distance accounts are changed.

15. Student loans. If an identity thief has obtained a student loan in your name, report it in writing to the school that opened the loan. Request that the account be closed. Also report it to the U.S. Dept. of Education:

16. Driver's license number misuse. You may need to change your driver's license number if someone is using yours as ID on bad checks or for other types of fraud. Call the Department of Motor Vehicles (DMV) to see if another license was issued in your name. Put a fraud alert on your license if your state's DMV provides a fraud alert process. Go to your local DMV to request a new number. Fill out the DMV's complaint form to begin the investigation process. Send supporting documents with the completed form to the nearest DMV investigation office.

17. Identity theft involving family members and others you know. If a deceased relative's information is being used to perpetrate identity theft, or if you personally know the identity thief, additional information about how to address these situations is available in other fact sheets. Visit the Identity Theft Resource Center web site:

18. Victim statements. If the imposter is apprehended by law enforcement and stands trial and/or is sentenced, write a victim impact letter to the judge handling the case. Contact the victim-witness assistance program in your area for further information on how to make your voice heard in the legal proceedings

19. False civil and criminal judgments. Sometimes victims of identity theft are wrongfully accused of crimes that were committed by the imposter. If you are wrongfully arrested or prosecuted for criminal charges, contact the police department and the court in the jurisdiction of the arrest. Also contact your state's Department of Justice and the FBI to ask how to clear your name. If a civil judgment is entered in your name for your imposter's actions, contact the court where the judgment was entered and report that you are a victim of identity theft.

20. Legal help. You may want to consult an attorney to determine legal action to take against creditors, credit bureaus, and/or debt collectors if they are not cooperative in removing fraudulent entries from your credit report or if negligence is a factor.

21. Keep good records. In dealing with the authorities and financial companies, keep a log of all conversations, including dates, names, and phone numbers. Note the time you spent and any expenses incurred in case you are able to seek restitution in a later judgment or conviction against the thief. You may be able to obtain tax deductions for theft-related expenses (26 U.S.C. §165(e) -- consult your accountant). Confirm all conversations in writing. Send correspondence using certified mail with return receipt requested. Keep copies of all letters and documents.

Visit these web sites for tips on organizing your case:

22. Don't give in. Do not pay any bill or portion of a bill that is a result of fraud. Do not cover any checks that were written or cashed fraudulently. Do not file for bankruptcy. Your credit rating should not be permanently affected. No legal action should be taken against you. If any merchant, financial company or collection agency suggests otherwise, restate your willingness to cooperate, but don't allow yourself to be coerced into paying fraudulent bills. Report such attempts to government regulators immediately.

25. Other Useful Tips

If you are in the military, place an active duty alert on your credit report
When you are away from your usual duty station, you can place an active duty alert on your three credit reports as an extra protection against identity theft. The alert remains on your credit reports for 12 months. Contact the fraud departments for the three credit bureaus.

Order your free credit report
Whether or not you are a victim of identity theft, take advantage of your free annual credit reports, now a requirement of federal law.

Opt out of pre-approved offers of credit for all three credit bureaus

  • Call (888) 5OPTOUT (888-567-8688). You may choose a five-year opt-out period or permanent opt-out status.
  • Or opt-out online, www.optoutprescreen.com

Remove your name from mail marketing lists (Direct Marketing Association)

  • Write: Mail Preference Service, P.O. Box 282, Carmel, NY 10512. Include check or money order for $1.
  • Web: www.dmaconsumers.org/cgi/offmailinglist. Online opt-out program costs $1 by credit card.

Remove your phone number(s) from telemarketing lists

  • Phone the FTC’s Do Not Call Registry: (888) 382-1222
  • Online registration: www.donotcall.gov

Order your earnings report from the Social Security Administration

  • Order your Personal Earnings and Benefits Estimate Statement The SSA automatically mails it to individuals three months before the birthday each year. www.ssa.gov/online/ssa-7004.html
  • For information on reporting fraud to the SSA, read tip 12 above.

26. Resources

Federal Trade Commission (FTC)

Federal Agencies and Technology Industry

Identity Theft Resource Center (ITRC)

Identity Theft Survival Guide

  • R.M. Tracy., Former FBI Agent and author of Identity Theft Survival Guide, A Step By Step Guide To Reclaiming Your Life.
  • Web: www.privacytrustgroup.com
  • Phone: (877) 648-0119

U.S. Dept. of Justice. The DOJ prosecutes federal identity theft cases.

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Forbes.com: Personal Finance News