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Tips: The Legal System and ID Theft

Jackie here. In most instances, identity theft is considered a crime and that means that your local courts and legal system may be able to offer some assistance in identity theft resolution. The availability will vary greatly depending on where you live, but here are a few resources from the Identity Theft Resource Center.

Your Local District Attorney’s Office

Many district attorney’s offices offer some sort of victim assistance for ID theft. Contact your local DA’s office and ask what programs are available. Your local office may have group meetings, victim counselors, packets of local resources, helplines, or informative websites to provide information.

File for Restitution

If you want to file for civil restitution after ID theft (especially common when the perpetrator was local), your local court is the place to start. Restitution can help cover expenses related to the theft (including postage, time off work, photocopies, faxes, etc.). In order to file a claim, you’ll need to keep detailed records and save receipts.

Get Your Credit Report

As an identity theft victim, you’re entitled to free copies of your credit report during the resolution process. Your police report and records of other legal filings can be used to prove that you’re entitled to these free reports. Just a note, under the Fair Credit Reporting Act, each of the 3 credit bureaus is required to provide you with a free copy of your credit report, at your request, once every 12 months. Visit www.annualcreditreport.com or call 1-877-322-8228 to request your copy.

Letter of Clearance

If you’re a victim of criminal identity theft and are struggling with mistaken identity, a letter of clearance from the court can be used to prove your identity to law enforcement and help you avoid jail stays due to your identity theft.

For more tips about using the legal system to your advantage after identity theft, check out this great tip sheet from the ITRC.

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