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Identity Theft Recovery
Thursday, Jul 30, 2009
Question: My mother is 64 years old and lives in South America. We just learned she is a victim of identity theft. They opened three credit cards that total $52,000. She will no longer live in the US, but her address for bank statements and IRS is my own. Can creditors come to my home to try to take things away from me because these accounts are not paid? It is not easy to prove they are not her accounts because this started a while ago and just now we realized there was a problem. Can creditors garnish her retirement account?
Answer: In many cases, consumers are not held liable for debts incurred as the result of identity theft. However, the victim must take action to be released from liability.The Federal Trade Commission (FTC), a US federal agency tasked to provide consumer protection, offers a Web site for businesses wanting to protect their customers from identity theft, and for consumers who either want to protect themselves from identity theft or who are victims of identity theft. This is the FTC's identity theft site .
According to the FTC, victims of identity theft should take the following four steps:
1. Place a fraud alert on your credit reports, and review your credit reports.
2. Close the accounts that you know, or believe, have been tampered with or opened fraudulently.
3. File a complaint with the Federal Trade Commission.
4. File a report
with your local police or the police in the community where the identity theft took place.
Details on how to take each of the four steps can be found at the FTC recover from identity theft page .
The Identity Theft Resource Center , a non-profit organization, also offers information for identity theft victims.
Regarding your questions, the first things your mother needs to do is follow the four steps outlined above. The last step, filing a police report, is the most important. It is important because a police report provides evidence or proof to the creditors that your mother was an identity theft victim. With that evidence, it is less likely that the creditors will file a lawsuit against your mother to obtain a judgment that would allow them to seize her assets (such as her retirement account).
Because your mother is out of the country, and I assume will be unable to appear in court, it will be necessary for her to either hire an attorney located in the US, or to give you what is called "power of attorney" for you to act on her behalf. I believe
Details on how to take each of the four steps can be found at the FTC recover from identity theft page .
The Identity Theft Resource Center , a non-profit organization, also offers information for identity theft victims.
Regarding your questions, the first things your mother needs to do is follow the four steps outlined above. The last step, filing a police report, is the most important. It is important because a police report provides evidence or proof to the creditors that your mother was an identity theft victim. With that evidence, it is less likely that the creditors will file a lawsuit against your mother to obtain a judgment that would allow them to seize her assets (such as her retirement account).
Because your mother is out of the country, and I assume will be unable to appear in court, it will be necessary for her to either hire an attorney located in the US, or to give you what is called "power of attorney" for you to act on her behalf. I believe
that because of the amount of money involved, she should consider hiring an attorney.
This is important: If your mother receives a notice from a court to appear in a hearing regarding the $52,000 debt, it would be very wise for her or her attorney to appear in court. If your mother or her attorney appear, they can explain that your mother was a victim of identity theft. The judge will probably delay making a decision until the identity theft is investigated. However, if neither your mother or her attorney appear in court when summoned, the judge will have no choice but to grant a default judgment, which is NOT what your mother needs.
Regarding your personal property, if your mother follows the four steps listed above, and either she or her attorney appear when summoned to court, it is very unlikely you will see the sheriff at your door with the creditors behind him seeking to remove items from your home.
I hope this information helps you Find. Learn & Save.
Best,
Bill
www.bills.com/blog/
This is important: If your mother receives a notice from a court to appear in a hearing regarding the $52,000 debt, it would be very wise for her or her attorney to appear in court. If your mother or her attorney appear, they can explain that your mother was a victim of identity theft. The judge will probably delay making a decision until the identity theft is investigated. However, if neither your mother or her attorney appear in court when summoned, the judge will have no choice but to grant a default judgment, which is NOT what your mother needs.
Regarding your personal property, if your mother follows the four steps listed above, and either she or her attorney appear when summoned to court, it is very unlikely you will see the sheriff at your door with the creditors behind him seeking to remove items from your home.
I hope this information helps you Find. Learn & Save.
Best,
Bill
www.bills.com/blog/
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