If your identity has been stolen, you will quickly find that theft of identity can be a challenge to overcome without an attorney. As described below, you should contact us immediately for a free initial review of your situation. Our firm practices one area of law and we do it well - we protect consumers.

We have been involved in several hundred federal cases for victims of identity theft, abusive debt collectors and predatory mortgage companies and no matter how tough your situation may appear, we have likely dealt with it before. Before we speak, please review the information below so that you may be better prepared to help us help you. This is provided for informational purposes and may or may not apply to your situation.

Each U.S. citizen is now entitled to a free copy of their credit reports each year. You can obtain yours by visiting http://www.annualcreditreport.com.

It is important for you to review the "tradeline" section, the "address"section and the "inquiry" section of your reports. The tradeline section shows the payment histories of established accounts, i.e. accounts where credit has been granted (e.g. credit card companies, car loans etc.). It can take weeks or even several months for opened accounts to appear in the tradeline of a credit report. The time lag happens because credit card companies and loan companies only report monthly.

The credit inquiry section of a credit report is the most important section to find out what is happening to your credit. This shows what companies have pulled your credit report. The credit inquiry section will show on your credit report as a credit inquiry almost immediately. From the credit inquiry section, you can get a good idea of any accounts that may appear on the tradeline in the next few weeks (after the lag period mentioned above). You can see if there are any patterns to the inquiries. If you don't have recent inquiries you might rest a little easier, although theft of identity is still possible ( for instance for checking accounts, someone assuming your identity to apply for a job etc.). If you see many applications, but the accounts never appear in the tradeline, there is a possibility the thief was turned down for credit in your name.

Chronologically, the next credit report section that is involved in the theft of identity timeline is the collection accounts (these accounts are separate on Equifax reports and blended with tradelines on Experian and Trans Union reports). Generally, credit companies charge off delinquent accounts after six months and when they do, they send it to collection agencies (although they can and are assigned much earlier). The result of bad checks from a fraud related bank account may start appearing on the credit report (under the collection account section) a few months after the fraud (since most states require notices to be issued to the last known address of the consumer) and have been known to pop up years later. There is some possibility a judgment may be taken against the defrauder using your name. A judgment will usually appear on the credit report over six months later.

Finally, be on the lookout for addresses and name variations that you don't recognize on your report. Once the identity thief has opened up a new line of credit, often using a new maildrop or other false address, the banks will update your credit report with this address. This is often the best way to determine if you have been victimized, and sometimes, the address information will give you a clue as to the identity of the perpetrator.

In sum, by looking at the credit report you can tell the likelihood you are a victim and, if so, the scope and timeframe of the fraud (and whether the defrauder is still applying for credit). Inquiries will show immediately, tradelines and new addresses will show a few weeks later, collection accounts a few months later, checking accounts a few months or years later and judgments months or years later.

Very often, individuals who have been the victims of identity theft find themselves the target of lawsuits by the original creditors. Our firm has defended many cases in which the creditor and their collection attorney bring suit within months of default. Capital One is among the quickest of the credit card companies to sue when a cardholder stops paying. Also, individuals sometimes learn that judgment has been taken against them without their knowledge because service of process has been "posted" at the false address used by the fraudster. Once judgment has been obtained, an attorney must bring a motion after the fact to "vacate" the judgment and a consumer who acts quickly will often have a greater likelihood of obtaining this relief from the court.

The easiest way of obtaining an immediate response from the on-call attorney is to send an email to consult@clalegal.com. In your initial email, you are encouraged to list as many facts regarding your situation as possible, including a timeline if applicable. We will respond via email or telephone (your preference) within 24 hours and help you determine your best course of action. There is no charge for this initial review of your case and if we are able to represent you, we will do so on a "no recovery, no fee" basis and you don't have to pay any upfront money for your attorney. The law provides that companies who violate the Fair Credit Reporting Act are liable for your attorney's fees and costs and our job is to work aggressively to achieve a recovery of your actual, statutory and punitive damages, in addition to attorney's fees and costs.

Other helpful steps:

• Opt Out of Prescreening. As part of the same procedure, you may want to consider opting out of credit offers. Credit reporting bureaus sell some of your information to companies that then mail you offers. If you use a rural mailbox or the place you receive mail is not secure, this is a problem. You can eliminate these mailings even if you aren't a victim of fraud. The number to opt out is 888 567 8688 (888-5Opt-Out).
• Credit Freeze. Some states allow you to put a freeze on your credit that allows you to turn on and off the ability to apply for credit. This is not an item covered under the Fair Credit Reporting Act so you will have to check your own state's laws regarding this.
• Checking Account Theft of Identity. The most hard-to-resolve issues for victims of theft of identity happen when the thief is able to obtain a checking account in the identity of the victim. Hundreds of checks can be issues that in turn may involve many collection agencies. In addition, there are companies that guarantee checks that appear in almost every case of checking account fraud. These companies are merging and being sold, so you may have to check if the number has been disconnected. These companies are as follows:
  
  CrossCheck: (800) 654-2365 or 707-586-0431, www.cross-check.com
  Certigy: (800) 437-5120, www.certegy.com
  SCAN: (800) 262-7771 or 1-877-382-7226, www.scanassist.com
  TeleCheck: (800) 366-2425, www.telecheck.com
  
  Other Places You Can Find Help.
  
  
• Department of Motor Vehicles. Someone may have obtained a drivers license using your identity. Check with your state licensing agency.
  
  
• U.S. Postal Service. If mail theft or a bogus change of address card was submitted, the U.S. Postal Inspector should be contacted. http://www.usps.com/postalinspectors/fraud/welcome.htm
  
  
• Social Security Administration. If your social security number has been used by an identity thief, contact the SSA Fraud Hotline (800) 269-0271, PO Box 17768 Baltimore, MD 21235; email: oig.hotline@ssa.gov.
  
  
• Federal Trade Commission. ID Theft Hotline: 1-877-IDTheft(438-4338); ID Theft Clearinghouse, FTC, 600 Pennsylvania Ave NW, Washington DC 20580.
  
  
• State Attorney's General. Especially good at providing you information on your state. The National Association of Attorneys General has contact information on all state's Attorneys General. Click here for the list.

Preventing Theft of Identity. (From King County Prosecutor's Office - Fraud Division "Protect Yourself From Identity Theft")

• Car prowl is a prime source for identity theft. Thieves know to look in merchandise bags for credit receipts - which often print your credit card number.
  
  
• Have your mail delivered to a secure location. Mail box theft is another common source for identity thieves. Your credit card bill has everything a criminal needs to make purchases by telephone or on the Internet.
  
  
• Don't put bill payments in your unlocked mailbox for postal pickup.
  
  
• Carefully review your account statements and credit bills. Contest any unauthorized items or entries.
  
  
• Don't give out personal information over the telephone unless you initiated the call. Identity thieves can pose as representatives of banks, ISPs, collection agencies, government agencies, etc. to get you to reveal your account numbers, passwords, SSN, or mother's maiden name.
  
  
• Never use a debit card or check when shopping online. Once stolen from your account, it can be difficult to recover your money. Consider using one credit card only for your online purchases. Use a secure browser when sending credit card numbers over the Internet. Review your bill carefully as soon as you get it. Contest unauthorized charges.
  
  
• Keep a list of all your credit/debit cards, card numbers, and issuer phone numbers. This will facilitate your reports to creditors/banks if your purse/wallet is stolen.
  
  
• Memorize your ATM password. Never store the password in your purse or wallet.
  
  
• Shred your financial garbage. Including credit receipts, pre-approved credit offers, credit checks. Cross-cut shredders are best.
  
  
• Cancel unused credit cards and charge accounts.
  
  
• Be stingy with your SSN. Don't give it out to everyone who asks. Make thoughtful decisions regarding whether the requester really needs it. Ask to use other types of personal identifiers.
  
  
• Do not print your SSN or drivers license number on your checks. Take only the number of checks you will need on a given day. Keep pads of blank checks in a safe place.
  
  
• Never carry anything with your SSN on it. If your health insurance card shows your S SN, ask your insurer for a new card without the SSN. Until you get your new insurance card, carry it only when you need to use it.
  
  
• Prevent credit reporting agencies from selling your name, SSN, address and credit rating. Merchants who want to offer you credit cards or sell you merchandise buy your financial information. This is a source for personal information that can ultimately be published on the Internet. Contact the "Opt out" option of all credit reporting agencies.
  
  
• Prevent your creditors and identity clearinghouses from selling or "sharing" your personal information.
  
  
• Your creditors generally sell or "share" your name, address, SSN, financial information, spending and bill paying habits unless you tell them not to. This information often finds its way to clearinghouses for personal information, and to the Internet. Find sample letters preventing disclosure at Privacy Rights Clearinghouse, www.privacyrights.org and JUNKBUSTERS, www.junkbusters.com. Clearinghouses and other publishers of personal information are listed below.
  
  
• Obtain and review your credit reports regularly. Check all three major credit reporting agencies. Dispute incorrect information. Be sure the agency has a correct address for you, especially if you have moved or suspect your identity has been stolen. Contact information for credit reporting agencies is below.

Disclaimer: This information is only provided for general background and is not intended as legal advice. After your free initial consultation and a careful review of your file, we will make a determination as to the scope of possible representation in your matter and advise you accordingly.