Identity theft is a crime that targets consumers and can potentially do serious damage to your personal finances. With the rapidly evolving innovations in technology, identity theft scams have become more complex in recent years and in many ways, have also become more devastating to victims.
If you have been the victim of identity theft, you will need the help of an experienced attorney to make sure your rights are protected. Howard Silver is a Los Angeles identity theft lawyer, and he can help you through this difficult time. Please call 855-341-2611 today to schedule a free consultation.
What is Identity Theft?
Identity theft occurs when a person uses your personal identifying information without permission to commit fraud or other crimes. This can include your:
- Credit card number
- Driver’s license number
- Social Security number
- Bank account information
According to the Federal Trade Commission (FTC), approximately 9 million Americans are victims of identity theft every year.
To learn more please download our free identity theft ebook.
Common Types of Identity Theft
While all cases vary, there are essentially five different types of identity theft:
- Criminal identity theft – the use of someone else’s identity when arrested for committing a crime
- Financial identity theft – the use of someone else’s identity to obtain goods, services, and/or credit
- Identity cloning – the use of someone else’s indentifying information to assume their identity in everyday life
- Medical identity theft – the use of someone else’s identity to obtain prescriptions and/or medical care
- Child identity theft – the use of a child’s identity for any of the above-mentioned purposes
Often, by the time you become aware that you have been the victim of identity theft, the person committing the crime has saddled you with thousands of dollars in debt, or you may be accused of crimes you did not commit. This can have a devastating impact on your credit rating, your finances, and your personal reputation.
If you have been the victim of identity theft, you must prove that you were not responsible for the actions committed in your name. Even after submitting all required information to the credit bureaus, you may still be harassed by creditors attempting to illegally collect fraudulent debts. In other instances, legitimate identity theft reports may be denied by the credit bureaus, exposing you to unfair debt collection practices by creditors. Mr. Silver can help protect your rights and ensure these issues are handled properly.
California Identity Theft Law
The state of California takes identity theft very seriously. Individuals who commit identity theft face stiff criminal penalties if found guilty. In addition, identity theft victims are afforded certain rights and protections in place to guard against creditors who attempt to collect debts that are determined to be fraudulent.
If you have established yourself as an identity theft victim, you may be entitled to file a civil lawsuit against creditors who unlawfully pursue the collection of debts incurred as a result of the identity theft. Depending on the specifics of your case, Mr. Silver may be able to help you receive one or more of the following:
- A declaration that you are under no obligation to the creditor for the fraudulent claim
- A declaration that any security or other property interest the creditor obtained in relation to the fraudulent claim is unenforceable and void
- An injunction prohibiting the creditor from collecting or attempting to collect on the claim
- Damages, attorney fees, other costs, and any appropriate “equitable relief” as determined by the court
- A civil penalty of $30,000 against the creditor/debt collector
If you have been the victim of identity theft, please contact the Law Offices of Howard D. Silver today to schedule your free consultation. Mr. Howard serves clients in Los Angeles, Riverside, San Bernardino, and Ventura Counties and throughout California.