When to Consult a Professional
The step-by-step process outlined by the FTC at IdentityTheft.gov is designed to empower consumers to resolve most identity theft issues on their own. The tools and legal rights you have are powerful. However, there are certain situations where the complexity or severity of the case makes it wise to seek professional help.
Consulting a qualified attorney does not mean you have failed; it means you are using all the resources available to protect your rights. Here are some scenarios where professional legal guidance might be necessary.
You Are Being Sued for a Fraudulent Debt
If a creditor or debt collector files a lawsuit against you to collect a debt that was incurred by an identity thief, you should contact an attorney immediately. Simply ignoring the lawsuit can lead to a default judgment against you, which can result in wage garnishment or bank account levies. An attorney specializing in consumer law can help you formally answer the lawsuit, present evidence of the identity theft, and defend your rights in court.
Credit Bureaus or Businesses Refuse to Correct Your Information
Under the Fair Credit Reporting Act (FCRA), credit bureaus and the businesses that report information to them (furnishers) have a legal obligation to investigate your disputes and correct inaccurate information resulting from identity theft. If you have sent your FTC Identity Theft Report and supporting documents, but they refuse to remove the fraudulent accounts or information from your report, an attorney can help. They can communicate directly with the company’s legal department and, if necessary, file a lawsuit to compel them to comply with the law.
The Identity Theft Is Extensive and Overwhelming
Sometimes, the scope of the identity theft is so large that managing it becomes a full-time job. A thief may have opened dozens of accounts, filed for bankruptcy in your name, or entangled your identity in complex financial schemes. In these overwhelming situations, an attorney can act as your advocate, managing the communications, paperwork, and disputes on your behalf. This can provide immense peace of mind and ensure that no detail is overlooked in the recovery process.
Criminal Identity Theft is Involved
This is a particularly serious form of identity theft where a criminal uses your name and identifying information during an arrest. This can result in a criminal record being created in your name, or even a warrant being issued for your arrest. If you discover this has happened, you will almost certainly need the assistance of a criminal defense attorney. They can work with law enforcement and the courts to clear your name and expunge the fraudulent criminal record.
You Suspect a Family Member or Someone You Know
Discovering that the identity thief is a family member, friend, or caregiver creates a deeply complicated emotional and legal situation. Navigating this requires sensitivity and a clear understanding of your legal options. An attorney can advise you on how to proceed, whether that involves filing a police report, pursuing civil action, or finding another resolution, all while helping you understand the potential personal and legal consequences of each choice.
When seeking legal help, look for an attorney who specializes in consumer protection law or identity theft. The National Association of Consumer Advocates is a good resource for finding qualified attorneys in your area.
