If victim of ID Theft

Instructions for Completing the ID Theft Affidavit    (6 pages)

 

To make certain that you do not become responsible for any debts incurred by an identity thief, you must prove to each of the companies where accounts were opened or used in your name that you didn’t create the debt.  A group of credit grantors, consumer advocates, and attorneys at the Federal Trade Commission (FTC) developed an ID Theft Affidavit to make it easier for fraud victims to report information.

 

While many companies accept this affidavit, others require that you submit more or different forms. Before you send the affidavit, contact each company to find out if they accept it.  It will be necessary to provide the information in this affidavit anywhere a new account was opened in your name. The information will enable the companies to investigate the fraud and decide the outcome of your claim. If someone made unauthorized charges to an existing account, call the company for instructions.

 

This affidavit has two parts:

Part One — the ID Theft Affidavit — is where you report general information about yourself and the theft.

 

Part Two — the Fraudulent Account Statement — is where you describe the fraudulent account(s) opened in your name. Use a separate Fraudulent Account Statement for each company you need to write to.  When you send the affidavit to the companies, attach copies (NOT originals) of any supporting documents (for example, driver’s license or police report).

 

Before submitting your affidavit, review the disputed account(s) with family members or friends who may have information about the account(s) or access to them.   Complete this affidavit as soon as possible.  Many creditors ask that you send it within two weeks. Delays on your part could slow the investigation.  Be as accurate and complete as possible. You may choose not to provide some of the information requested. However, incorrect or incomplete information will slow the process of investigating your claim and absolving the debt. Print clearly.  When you have finished completing the affidavit, mail a copy to each creditor, bank, or company that provided the thief with the unauthorized credit, goods, or services you describe. 

 

Attach a copy of the Fraudulent Account Statement with information only on accounts opened at the institution to which you are sending the packet, as well as any other supporting documentation you are able to provide.  Send the appropriate documents to each company by certified mail, return receipt requested, so you can prove that it was received.  The companies will review your claim and send you a written response telling you the outcome of their investigation. Keep a copy of “everything you submit”. If you are unable to complete the affidavit, a legal guardian or someone with power of attorney may complete it for you.  Except as noted, the information you provide will be used only by the company to process your affidavit, investigate the events you report, and help stop further fraud.  If this affidavit is requested in a lawsuit, the company might have to provide it to the requesting party.  Completing this affidavit does not guarantee that the identity thief will be apprehended, prosecuted or that the debt will be cleared.

 

 

 

 

 

 

 

Report the fraud to the following organizations:

1.      Any one of the nationwide consumer reporting companies to place a fraud alert on your credit report. Fraud alerts can help prevent an identity thief from opening any more accounts in your name. The company you call is required to contact the other two, which will place an alert on their versions of your report, to the following:

 

• Equifax: 1-800-525-6285; www.equifax.com

 

Experian: 1-888-EXPERIAN (397-3742); www.experian.com

 

TransUnion: 1-800-680-7289; www.transunion.com

 

In addition to placing the fraud alert, the three consumer reporting companies will send you free copies of your credit reports, and, if you ask, they will display only the last four digits of your Social Security number on your credit reports.

 

2. The security or fraud department of each company where you know, or believe, accounts have been tampered with or opened fraudulently. Close the accounts. Follow up in writing, and include copies (NOT originals) of supporting documents. It’s important to notify credit card companies and banks in writing.   Send your letters by certified mail, return receipt requested, so you can document what the company received and when.  Keep a file of your correspondence and enclosures. When you open new accounts, use new Personal Identification Numbers (PIN’s) and passwords.  Avoid using easily available information like your mother’s maiden name, your birth date, the last four digits of your Social Security number or your phone number, or a series of consecutive numbers.

 

3. Your local police or the police in the community where the identity theft took place to file a report. Get a copy of the police report or, at the very least, the number of the report. It can help you deal with creditors who need proof of the crime. If the police are reluctant to take your report, ask to file a “Miscellaneous Incidents” report, or try another jurisdiction, like your state police. You also can check with your state Attorney General’s office to find out if state law requires the police to take reports for identity theft. Check the Blue Pages of your telephone directory for the phone number or check www.naag.org for a list of state Attorneys General.

 

4. The Federal Trade Commission.  By sharing your identity theft complaint with the FTC, you will provide important information that can help law enforcement officials across the nation track down identity thieves and stop them. The FTC also can refer victims’ complaints to other government agencies and companies for further action, as well as investigate companies for violations of laws that the FTC enforces. You can file a complaint online at the following: www.consumer.gov/idtheft.  If you don’t have Internet access, call the FTC’s Identity Theft Hotline, toll-free: 1-877-IDTHEFT (438-4338); TTY: 1-866-653-4261; or write:

 

 

Identity Theft Clearinghouse

Federal Trade Commission

600 Pennsylvania Avenue

NW, Washington, DC 20580

 

 

 

 

 

 

 

 

 

Supply the following information:

 

(1) My full legal name is ________________________________________________________________

(First) (Middle) (Last) (Jr., Sr., III)

(2) (If different from above) When the events described in this affidavit took place, I was known as __________________________________________________________________________________

(First) (Middle) (Last) (Jr., Sr., III)

(3) My date of birth is ____________________ (day/month/year)

(4) My Social Security number is________-___________-_____________

(5) My driver’s license or identification card state and number are__________________________

(6) My current address is _________________________________________________________________

City _______________________________ State _________________ Zip Code ______________

(7) I have lived at this address since ____________________(month/year)

(8) (If different from above) When the events described in this affidavit took place, my address was _________________________________________________________________________________

City ________________________________ State _________________ Zip Code ______________

(9) I lived at the address in Item (8) from ____________(Mo./Year) until __________(Mo./Year)

(10) My daytime telephone number is (________)____________________________

My evening telephone number is (_________)_______________________________

 

ID Theft Affidavit

Name ____________________________________ Phone number (______)_______-___________

 

Name ____________________________________ Phone number (______)_______-___________

 

How the Fraud Occurred-Check all that apply for items 11 - 17:

(11) I did not authorize anyone to use my name or personal information to seek the money, credit, loans, goods or services described in this report.

(12) I did not receive any benefit, money, goods or services as a result of the events described in this report.

(13) My identification documents (for example: credit cards, birth certificate, driver’s license, Social Security card, etc.) were stolen, lost on or about __________________(day/month/year)

(14) To the best of my knowledge and belief, the following person(s) used my information (for example, my name, address, date of birth, existing account numbers, Social Security number, mother’s maiden name, etc.) or identification documents to get money, credit, loans, goods or services without my knowledge or authorization:

__________________________________________________________

Name (if known) Name (if known)

__________________________________________________________

Address (if known) Address (if known)

__________________________________________________________

Phone number(s) (if known) Phone number(s) (if known)

__________________________________________________________

Additional information (if known) Additional information (if known)

__________________________________________________________

 

(15) I do NOT know who used my information or identification documents to get money, credit, loans, goods or services without my knowledge or authorization.

 

 

 

 

(16)  Additional comments: (For example, description of the fraud, which documents or information was used or how the identity thief gained access to your information.)

__________________________________________________________________________________

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

(Attach additional pages as necessary.)

 

Name __________________________________ Phone number

 

Victim’s Law Enforcement Actions

(17) (check one)  ____I am ____Am not willing, to assist in the prosecution of the person(s) who

committed this fraud.

(18) (check one) ____I am ____Am not, authorizing the release of this information to law enforcement for the purpose of assisting them in the investigation and prosecution of the person(s) who committed this fraud.

(19) (check all that apply) ____I have ____I have not reported the events described in this affidavit to the police or other law enforcement agency.  The police ____did ____did not write a

report. In the event you have contacted the police or other law enforcement agency, please

complete the following:

 

(Agency #1) (Officer/Agency personnel taking report)

____________________________ _________________________________

(Date of report) (Report number, if any)

______/______/________ ________________________________________

(Phone number) (email address, if any)

_____________________________ _________________________________

(Agency #2) (Officer/Agency personnel name(s) taking report)

_____________________________ _________________________________

(Date of report) (Report number, if any)

______/______/________ ________________________________________

 (Phone number) (email address, if any)

_____________________________ _________________________________

 

Documentation Checklist

Please indicate the supporting documentation you are able to provide to the companies you plan to notify.  Attach copies (NOT originals) to the affidavit before sending it to the companies.

(20) A copy of a valid government-issued photo-identification card (for example, your driver’s license, state-issued ID card or your passport). If you are under 16 and don’t have a photo-ID, you may submit a copy of your birth certificate or a copy of your official school records showing your enrollment and place of residence.

(21) Proof of residency during the time the disputed bill occurred, the loan was made or the other event took place (for example, a rental/lease agreement in your name, a copy of a utility bill or a copy of an insurance bill).

(22) A copy of the report you filed with the police or sheriff’s department. If you are unable to

obtain a report or report number from the police, please indicate that in Item 19. Some

companies only need the report number, not a copy of the report. You may want to check with each company.

 

 

 

 

 

 

 

 

Signature Page:

 

I certify that, to the best of my knowledge and belief, all the information on and attached to this

affidavit is true, correct, and complete and made in good faith. I also understand that is affidavit or the information it contains may be made available to federal, state, and/or local law enforcement agencies for such action within their jurisdiction as they deem appropriate. I understand that knowingly making any false or fraudulent statement or representation to the government may constitute a violation of 18 U.S.C. §1001 or other federal, state, or local criminal statutes, and may result in imposition of a fine or imprisonment or both.

 

______________________________________________ __________________________________

(victim signature)                                                                               (date signed)

 

______________________________________

(Notary)

[Check with each company. Creditors sometimes require notarization. If they do not, please have one witness (non-relative) sign below that you completed and signed this affidavit.]

 

Witness:

__________________________________________ _____________________________________

(witness signature)                                                                     (printed name)

_______________________                                       __________________________________

(date)                                                                                    (telephone number)

 

 

 

 

 

 

 

 

DO NOT SEND AFFIDAVIT TO THE FTC OR ANY OTHER GOVERNMENT AGENCY

 

 

 

 

 

 

 

 

 

 

 

 

DO NOT SEND AFFIDAVIT TO THE FTC OR ANY OTHER GOVERNMENT AGENCY

 

I declare (list all that apply):

As a result of the event(s) described in the ID Theft Affidavit, the following account(s) was/were

opened at your company in my name without my knowledge, permission or authorization using

my personal information or identifying documents:

 

Completing this Statement

• Make as many copies of this page as you need. Complete a separate page for each

company you’re notifying and only send it to that company. Include a copy of your

signed affidavit.

• List only the account(s) you’re disputing with the company receiving this form. See the

example below.

If a collection agency sent you a statement, letter or notice about the fraudulent account,

attach a copy of that document (NOT the original).

 

Fraudulent Account Statement

Creditor Name/Address

(the company that opened the account or provided the goods or services)

Account Number_______________________

Type of unauthorized credit/goods/services provided by creditor

(if known)_________________________________________________________

Date issued or opened (if known)__________________________________

Amount/Value provided (the amount charged for the goods/services)  $__________________

 

During the time of the accounts described above, I had the following account open with your company:

Billing name ___________________________________________________________________

Billing address__________________________________________________________________

Account number _______________________________________________________________

 

Example:

 

ABC National Bank

1515 Anywhere Lane

Widget, Ohio 22722

01234567-89 auto loan 01/05/2002 $25,500.00

Contact Name __________________________________ Phone number _______________________

 

DO NOT SEND AFFIDAVIT TO THE FTC OR ANY OTHER GOVERNMENT AGENCY