Identity theft attorneys can also advise you of all of the rights and the remedies available to you under federal and state law. … Many state laws provide additional remedies to victims, such as the ability to file suit against the perpetrators and recover damages.
Can lawyers help with identity theft?
After reviewing your paperwork, an identity theft attorney will be able to determine the best course of action. An attorney will help defend you against debt collectors and help dispute the fraudulent accounts on your credit reports.
How much can you sue for identity theft?
If successful, the victim of identity theft is able to recover actual damages, attorneys’ fees, costs and equitable relief. On top of these damages, a consumer may also recover up to $30,000.00 in the form of a civil penalty from the claimant.
How serious is a identity theft charge?
A person convicted of misdemeanor identity theft faces up to one year in county jail, a fine of up to $1,000, or both. A person convicted of felony identity theft faces up to three years in California state prison, a fine of up to $10,000, or both. Federal law prohibits identity theft more severely than California law.
What is the punishment for identity theft from someone you know?
If prosecuted as a misdemeanor, the maximum punishment for identity theft in California is a year in county jail and a $1,000 fine. As a felony, the penalty can be as high as three years in jail and a $10,000 fine.
What is the minimum sentence for identity theft?
Aggravated identity theft is punishable by a mandatory minimum sentence of imprisonment for two years or by imprisonment for five years if it relates to a terrorism offense.
Should I press charges for identity theft?
If you know the identity of the fraudster or a creditor needs a police report, then you must report the incident to the police. You should also let them know immediately if someone has used your identity in dealing with them, to escape punishment for a crime.
How do you beat identity theft charges?
You might be able to defend against an identity theft charge by arguing that you did not have the intent to collect someone’s personal identifying information or to use another person’s personal identifying information in your possession, or that you did not intend to use another’s personal identifying information for …
Can you go to jail if someone steals your identity?
Incarceration. A conviction for an identity theft crime can result in time spent in jail or prison. In general, a conviction for a misdemeanor offense can lead to up to a year in jail, while felony sentences can result in several years or more in prison.
What is the best way to report identity theft?
Report Identity Theft. Report identity (ID) theft to the Federal Trade Commission (FTC) online at IdentityTheft.gov or by phone at 1-877-438-4338. The FTC will collect the details of your situation.
How can I find out if someone is using my identity?
How To Know if Someone Stole Your Identity
- Track what bills you owe and when they’re due. If you stop getting a bill, that could be a sign that someone changed your billing address.
- Review your bills. …
- Check your bank account statement. …
- Get and review your credit reports.
What happens after you report identity theft?
After filing an FTC identity theft report, you’ll receive a personalized recovery plan with tools like form letters to send to credit bureaus. You’ll also get an identity theft affidavit that you can review and update.