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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 12962
Experience:  B.A.; M.B.A.; J.D.
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I need to speak to someone that is an expert with identity

Resolved Question:

I need to speak to someone that is an expert with identity theft as I have a few questions regarding Identity Theft when the person is known to you, its appearances or non appearances in my credit report, as well as the process of filing for police reports and what happens thereafter.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: I am a consumer Attorney who handles IdentityTheft cases and I will be happy to assist you today.

Unfortunately, I cannot communicate with you by phone.

What are your questions?

Customer: replied 1 year ago.

Hello, thats fine - we can communicate via email which is preferable.


 


I have a fair few questions that I need answers for:


 


1) The person who has committed identity theft as I said is known to me. I have confronted this person and have asked them to surrender all the credit cards they have applied for using my information. The person refuses to surrender the cards making claims that he needs the cards in order to make the payments to the vendors over the phone - this is just a ploy as we all know you dont need physical cards to make payments. Given he refuses to send the cards to me so that I can close these accounts but also allow him to make the payments, given that he refuses to even write down the information - I have no idea of the extent of debt he is in - HOW can I get all the credit card information and how can I get the companies to send me a copy of the latest statement without changing any information on the account so that when I file the police report - the police see the account exactly as the perpetrator opened it?


 


2) There are several cards that I know off this person has opened without my knowledge as I received reject letters in the mail as well have been informed by another person that he opened other cards. However, except for 1 card that I know about, NONE of the other cards are appearing in my credit report. WHY is this? Shouldnt all the cards he applied for using my personal information appear in my credit report as activity? Even if he did apply for BUSINESS CARDS using me as a guarantor, should all the cards he applied for appear in my credit report? But instead ONLY ONE card appears in my credit report which is also a business credit card. How do I get a list of all the credit cards he has applied for so that I can call these companies, make them aware and close the accounts so that he cannot do anything except be allowed to make payments?


 


3) Once I get all the information on the credit cards that is needed for an Identity Theft affidavit, I will file a police report. However for that I need to have all the perpetrator's latest information like his address, details about his company since he seems to have applied for mostly business credit cards - how do I get all this information as I have no idea if the information I have is the most current information?


 


4) Can you explain to me in detail what happens after I file a police report? I want to understand the step by step process of what happens after I file the police report - as in what am I suppose to do after that? And what do the police do after the report is lodged with them?


 


5) How do I get him to stop using my personal information? He claims to NOT be using the cards anymore. He claims to be making payments? He was also my employer and owes me consulting fees which he had not paid me in over 7months and only now after confronting him about the credit cards, he is starting to pay the very minimum - but I dont trust a word of what he says - so HOW can I ensure he has stopped using my personal information and down the line will never use it?


 


6) How can I get him to surrender all the cards so that I can close these accounts and also assess the extent of debt he has accumulated? How can I ensure that he IS making payments and constructively decreasing the debt? And if he refuses to surrender the cards or find a way to show me that he is decreasing his debts, WHAT other alternatives do I have to get my hands on the credit card statements so that I can see the extent of his debt and see if he is making constructive payments to decrease the debt?


 


7) When I file the police report, I am sure the police are going to want to see statements of all the credit cards that he has fraudulently applied - if I dont have any information other than the names of a few of the credit cards I know he applied fraudulently, how am I suppose to provide the police with any information they may need, specially since there maybe other credit cards that I dont even know about as NONE save 1 credit card appears in my credit report?


 


For now these are the questions I have.


 


Much thanks!

Customer: replied 1 year ago.

And oh yes one more question - is there a way that I can get a copy of his personal credit report as well as his company credit report as perhaps for some reason maybe all the credit cards he has applied fraudulently appear in his credit report or his company's credit report?


 


Thank you.

Expert:  Phillips Esq. replied 1 year ago.

Hello, thats fine - we can communicate via email which is preferable.

I have a fair few questions that I need answers for:

1) The person who has committed identity theft as I said is known to me. I have confronted this person and have asked them to surrender all the credit cards they have applied for using my information. The person refuses to surrender the cards making claims that he needs the cards in order to make the payments to the vendors over the phone - this is just a ploy as we all know you dont need physical cards to make payments. Given he refuses to send the cards to me so that I can close these accounts but also allow him to make the payments, given that he refuses to even write down the information - I have no idea of the extent of debt he is in - HOW can I get all the credit card information and how can I get the companies to send me a copy of the latest statement without changing any information on the account so that when I file the police report - the police see the account exactly as the perpetrator opened it?

Response 1: You need to start by ordering complimentary copies of your credit reports from the three main Credit Reporting Agencies ("CRAs"). You are entitled to free credit reports once year or if you are a victim of Identity Theft. Once you get the reports, then review them for open accounts Those new credit accounts should be on your file, but do not surprised if you do not see all of them on the report as not all creditors report immediately to CRAs after extension of credit. Then contact the creditors using the information that appear on the credit reports.

Make sure that when you order the credit reports to not to ask for redaction of your account numbers. If you request for this, only the last four digits of the account numbers would show on the reports making it impossible for you to contact the creditors to ask for credit card statements.

Remember that you are only ordering just credit reports and not credit scores. So, the reports should not cost you anything. Click here to order your reports.

2) There are several cards that I know off this person has opened without my knowledge as I received reject letters in the mail as well have been informed by another person that he opened other cards. However, except for 1 card that I know about, NONE of the other cards are appearing in my credit report. WHY is this?

Response 2a: Not all creditors report every credit extension to the credit bureaus. Also, there are smaller credit bureaus where this information may show. If you know mortgage brokers or professionals who do background checks, you may consider eliciting their help because those individuals would have more access to reports that you as an individual would have access to.

Shouldnt all the cards he applied for using my personal information appear in my credit report as activity?

Response 2b: See my previous response.

Even if he did apply for BUSINESS CARDS using me as a guarantor, should all the cards he applied for appear in my credit report? But instead ONLY ONE card appears in my credit report which is also a business credit card. How do I get a list of all the credit cards he has applied for so that I can call these companies, make them aware and close the accounts so that he cannot do anything except be allowed to make payments?

Response 2c: See my previous response

3) Once I get all the information on the credit cards that is needed for an Identity Theft affidavit, I will file a police report. However for that I need to have all the perpetrator's latest information like his address, details about his company since he seems to have applied for mostly business credit cards - how do I get all this information as I have no idea if the information I have is the most current information?

Response 3: You do a background check on him and his business. Go to your Secretary of State's web site, the business search page to look up the information for his business. If he is doing business as ("DBA"), then you need to go to the City Hall to get a copy of his DBA Certificate, which he must file with the City that he is doing business in. For information on background checks, click here.

4) Can you explain to me in detail what happens after I file a police report? I want to understand the step by step process of what happens after I file the police report - as in what am I suppose to do after that?

Response 4a: Contact all credit reporting agencies (CRAs) and request that a Credit Freeze (Security Freeze) be placed on your file. This is done pursuant to a state law and not pursuant to Fair Credit Reporting Act ('"FCRA").CRAs may charge you fees for this service. Once a Credit Freeze is placed on your account, no new credit application can be approved without your prior authorization. A Credit Freeze is different from a Fraud Alert, which only requires that CRAs contact you if there is a suspected fraud activity on your account. There is no fee to place a Fraud Alert on your account. The Fraud Alert is good for 90 days and is renewable. For more information click on the links below:



Identity Theft Repair



Experian Fraud Victim Assistance

And what do the police do after the report is lodged with them?

Response 4b: The Police would investigate and if the Police decides there is a good case for Identity Theft, the Police would refer the case to the District Attorney's Office for prosecution of the individual for Identity Theft. Otherwise, the Police would just file the Report and the primary use of that Report at that time would be for you to file complaint with all the Credit Reporting Agencies and to dispute the information with the credit card companies.



5) How do I get him to stop using my personal information? He claims to NOT be using the cards anymore. He claims to be making payments? He was also my employer and owes me consulting fees which he had not paid me in over 7months and only now after confronting him about the credit cards, he is starting to pay the very minimum - but I dont trust a word of what he says - so HOW can I ensure he has stopped using my personal information and down the line will never use it?

Response 5: See my previous responses.

6) How can I get him to surrender all the cards so that I can close these accounts and also assess the extent of debt he has accumulated? How can I ensure that he IS making payments and constructively decreasing the debt? And if he refuses to surrender the cards or find a way to show me that he is decreasing his debts, WHAT other alternatives do I have to get my hands on the credit card statements so that I can see the extent of his debt and see if he is making constructive payments to decrease the debt?



Response 6: You need to file lawsuit against him.



7) When I file the police report, I am sure the police are going to want to see statements of all the credit cards that he has fraudulently applied - if I dont have any information other than the names of a few of the credit cards I know he applied fraudulently, how am I suppose to provide the police with any information they may need, specially since there maybe other credit cards that I dont even know about as NONE save 1 credit card appears in my credit report?

Response 7: You can only provide the information that you have. The Police is not going to prevent you from filing a complaint because you do not have ALL the information. You provide what you have, that's all.

 

And oh yes one more question - is there a way that I can get a copy of his personal credit report as well as his company credit report as perhaps for some reason maybe all the credit cards he has applied fraudulently appear in his credit report or his company's credit report?

 

 

 

Response 8: Unfortunately, no. You cannot obtain the information without his written authorization. That's ironic isn't it that he can use your personal information to obtain credit without your authorization, but you cannot obtain his credit information without his authorization!

 

 

Customer: replied 1 year ago.

1) I have already copies of my most recent credit reports. That is why I have said that that there is only ONE credit card that is reported on my credit report. All the others that I know off and I am sure there are those I dont know about DONT appear on my credit reports. Some dont even appear as an inquiry. That is why I am so puzzled. I know for a fact that these accounts that the perpetrator opened was in the fall of 2012. I would think that by fall of 2013 they would appear in the credit reports?


 


2a) So are you saying that me as an individual if I dont know any mortgage brokers or professional, that there is no way for me to find out about these credit cards that dont appear on my 3 credit reports? What happens if he has opened these accounts as business credit cards under his name but using my social security and my information since I had a good credit rating? Where would such credit cards appear? I dont want to find out about the existence of a credit card only after he defaults and the credit card company comes after me?


 


3) I know he incorporated his sole proprietorship in New York. I know he operates the business out of his home in Tennessee. And I think he pays taxes both personal and business with Tennessee. The background check link you sent me does back ground check for employment. I have done a background check on him as an individual using IntelliUS. But that information is only good until 6/2013 and so he could have moved by then - there would be no way for me know his most recent information. How would doing a background check on his company help me? What I need to know is that - is there a legal way for me to get a copy of his individual credit report and his company credit report? And if there are smaller credit bureaus, how can I as an individual get access to my credit reports from these smaller credit bureaus?


 


4) I have already enacted a credit freeze. You say that once a credit freeze is in place, no new credit application can be approved without my authorization. But at the same time you said earlier that not all credit card companies report to the credit bureaus - which means there are credit card companies that give credit cards without checking with the credit bureaus? What if he has managed to open new cards that I am not even aware of by this way?


 


5) So as I understand once I file the report, if the police see merit they will prosecute - does this mean I have to show proof without doubt that the perpetrator has committed identity theft? How do I do that? Specially if I know the person he could very easily just say that I gave him permission to open the cards and then it would be a he said, she said situation wouldnt it?


 


Also if the police decide that there is not enough merit to prosecute and in which case as you said the police report serves as a way to file with credit bureaus and to dispute credit card companies - in this case, does the police report have some sort of negative impact on the perpetrator? Does it raise a red flag in the system of that state? Is this red flag nationwide or is it only in the state where I file the police report?


 


7) The police may not stop me from filing a complaint if I dont have all the information. But wouldnt it go against me not to have all the information when it comes to the police deciding if my case has merit or not?


 


Another question - one of the things the police asked me to get to support the police report was copies of statements of all the credit cards that I know he applied fraudulently with. The question is how do I get these statements from the credit card companies when I have very incomplete information and the perpetrator refuses to return all the credit cards and nor does he offer up information on paper which a person who was innocent of fraud would do.


 


Thanks.

Expert:  Phillips Esq. replied 1 year ago.

1) I have already copies of my most recent credit reports. That is why I have said that that there is only ONE credit card that is reported on my credit report. All the others that I know off and I am sure there are those I dont know about DONT appear on my credit reports. Some dont even appear as an inquiry. That is why I am so puzzled. I know for a fact that these accounts that the perpetrator opened was in the fall of 2012. I would think that by fall of 2013 they would appear in the credit reports?



Response 1: Not all credit extensions appear on credit reports, unfortunately. It does not matter when the accounts were opened.

2a) So are you saying that me as an individual if I dont know any mortgage brokers or professional, that there is no way for me to find out about these credit cards that dont appear on my 3 credit reports? What happens if he has opened these accounts as business credit cards under his name but using my social security and my information since I had a good credit rating? Where would such credit cards appear? I dont want to find out about the existence of a credit card only after he defaults and the credit card company comes after me?

Response 2: Not all credit extensions appear on credit reports. There is no law that requires creditors to report to CRAs. These reports are voluntary. What is required however of the creditors by the Fair Credit Reporting Act ("FCRA") is that when they do report that information that the information being reported must be accurate.

There are small CRAs that the general public is not aware of. So, if you are not in the business of pulling credit reports, unfortunately, you would not even know of those companies.

3) I know he incorporated his sole proprietorship in New York. I know he operates the business out of his home in Tennessee. And I think he pays taxes both personal and business with Tennessee. The background check link you sent me does back ground check for employment. I have done a background check on him as an individual using IntelliUS. But that information is only good until 6/2013 and so he could have moved by then - there would be no way for me know his most recent information. How would doing a background check on his company help me?

Response 3a: Actually, I said that you could do a search of his business. His current information should be on the Secretary of State's web site. You can also sue him and then do a Discovery Request to force him to produce all the credit card statement, his current address, Federal Tax Identification Number, etc. If he refuses to produce the documents or provide the information requested in your Discovery Requests: Interrogatories, Request For Production of Documents, Deposition, and Request for Admissions, you can file Motion to Compel his response and for Sanctions. The Court would sanction him including putting him in jail until he complies with the request.

What I need to know is that - is there a legal way for me to get a copy of his individual credit report and his company credit report?

Response 3b: You cannot access his credit information without his written authorization. That is the current state of the law. There is no way around this.

And if there are smaller credit bureaus, how can I as an individual get access to my credit reports from these smaller credit bureaus?

Response 3c: You cannot. Kindly see my previous response on the subject.

4) I have already enacted a credit freeze. You say that once a credit freeze is in place, no new credit application can be approved without my authorization. But at the same time you said earlier that not all credit card companies report to the credit bureaus - which means there are credit card companies that give credit cards without checking with the credit bureaus? What if he has managed to open new cards that I am not even aware of by this way?

Response 4: I do not know what to tell you here.

5) So as I understand once I file the report, if the police see merit they will prosecute - does this mean I have to show proof without doubt that the perpetrator has committed identity theft? How do I do that? Specially if I know the person he could very easily just say that I gave him permission to open the cards and then it would be a he said, she said situation wouldnt it?

Response 5: You need to complete the Police report as completely as you can and let the Police do their work. That is all you can do. You cannot give the Police what you do not have. This is very common in Identity Theft cases.

Also if the police decide that there is not enough merit to prosecute and in which case as you said the police report serves as a way to file with credit bureaus and to dispute credit card companies - in this case, does the police report have some sort of negative impact on the perpetrator? Does it raise a red flag in the system of that state? Is this red flag nationwide or is it only in the state where I file the police report?

Response 6: You need to ask this question to the Police because I do not how the Police treat the information in their database.

7) The police may not stop me from filing a complaint if I dont have all the information. But wouldnt it go against me not to have all the information when it comes to the police deciding if my case has merit or not?

Response 7: No, because the Police do not have to have ALL the information in order to bring a case for Identity Theft.

Another question - one of the things the police asked me to get to support the police report was copies of statements of all the credit cards that I know he applied fraudulently with. The question is how do I get these statements from the credit card companies when I have very incomplete information and the perpetrator refuses to return all the credit cards and nor does he offer up information on paper which a person who was innocent of fraud would do.

Response 8: You need to provide the information that you have to the Police. That is all that is expected of you. You cannot provide the information that you do not have. Also, most Identity Theft victims do not now the perpetrators and thus do not have w away to request the information from the perpetrators. The botXXXXX XXXXXne is, you provide the information that you have and let the Police do their work. In the alternative, since you personally know the perpetrator, you can file lawsuit against him and force him to release the information to you.

Phillips Esq., Attorney-at-Law
Satisfied Customers: 12962
Experience: B.A.; M.B.A.; J.D.
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