If I am a victim of identity theft, what can I do to convince collection agency I did not commit fraud?

The agency insists I opened a bank account in another state and wrote bad checks. I have never lived in that state. Should I offer to send my signature by fax to match any signature they might have?

Asked on September 7, 2012 under Bankruptcy Law, Hawaii

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You should retain an attorney to help you with this--a lawyer will increase your chance of success. Evidence that would be helpful includes:

1) Utility bills, tax bills, phone records, etc. proving you live in the state you do live, not the other state;

2) A handwriting sample, as you suggest;

3) Payroll records, pay stubs, or other employment records showing that you are working in the state where you live, not elsewhere.

4) Your testimony and that of other people who live with or otherwise would know where you are (e.g. a spouse).

5) If you know the date someone opened that bank account, evidence you were elsewhere (e.g. not at the bank) on that date, like credit card receipts for food, shopping, gas, etc.


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