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PDF Editor FAQ
Who pursues criminal charges after tax identity theft, the IRS or me? I don't know the person who did it.
The Internal Revenue Service will not pursue criminal charges against a person who stole your identity. The IRS has its hands full just making sure its records are as complete and as accurate as possible.Here is what the IRS says about steps to take if you are a victim of identity theft (Taxpayer Guide to Identity Theft):Steps to take if you become a victimIf you are a victim of identity theft, the Federal Trade Commission recommends these steps:File a complaint with the FTC at identitytheft.gov.Contact one of the three major credit bureaus to place a ‘fraud alert’ on your credit records:Equifax, http://www.Equifax.com, 1-800-766-0008Experian, Check Your Credit Report & FICO® Score, 1-888-397-3742TransUnion, Credit Scores, Credit Reports & Credit Check | TransUnion, 1-800-680-7289Contact your financial institutions, and close any financial or credit accounts opened without your permission or tampered with by identity thieves.If your SSN is compromised and you know or suspect you are a victim of tax-related identity theft, the IRS recommends these additional steps:Respond immediately to any IRS notice; call the number provided.Complete IRS Form 14039, Identity Theft Affidavit, if your efiled return rejects because of a duplicate filing under your SSN or you are instructed to do so. Use a fillable form at Internal Revenue Service, print, then attach the form to your return and mail according to instructions.If you previously contacted the IRS and did not have a resolution, contact us for specialized assistance at 1-800-908-4490. We have teams available to assist.Here, in turn, is what the Federal Trade Commission recommends (Report Identity Theft):QUESTIONWhat should I do if someone steals and uses my personal information? How do I report identity theft?ANSWERVisit IdentityTheft.gov, a one-stop resource to help you report and recover from identity theft.If someone is using your personal information to open new accounts, make purchases, or get a tax refund, take these steps as soon as possible:Call the companies where you know fraud occurred.Place a fraud alert on your credit report and get copies of your report.Report identity theft to the FTC.File a report with your local police department.Depending on your situation, your next step might be closing accounts opened in your name, or reporting fraudulent charges to your credit card company. IdentityTheft.gov can help — no matter what your specific identity theft situation is.So, the FTC tells you to file a report with the local police. But please keep in mind that most police departments are overwhelmed, and many matters are more pressing than identity theft. You should be prepared for the possibility that your report will sit there for years without your perpetrator having been identified.
What are good ways to protect yourself from identity theft?
Now to prevent identity theft...you can't. Identity theft protection can only be managed by you staying vigilant about your information and being pro-active as soon as you see a discrepancy. Do not over share on social media like provide your favorite food, your birth date, address, and any phishing emails asking you for private information. Try to shred all important information on print once you no longer need it. Check ATM and Gas Pump payment slots to make sure there no scanners over the card inserts. These I'm sure you have seen will read your credit card numbers and also look about to see if there is a camera recording your pin numbers. Download your credit reports at least twice per year and review them for any unusual accounts or collections that are not yours.Here is the worst part, you don't have access to government data basis and the billions of black web pages where your information may be trafficked. So, you need not only need a monitoring service, but licensed investigators that have access to NSA, IRS, FBI, CIA, US Military...etc, that can investigate and restore your info if breached. Here is a company I trust and have been in business for 45+ years. https://ls-info.com/res/104/12860/[contactId]?source=webThere are different types of identity theft and require different forms of resolution. Like for example, credit card fraud. First download your credit report and get a police report and provide as much proof as possible that it was not you. Sometime this is difficult because if the fraud happened locally in places you frequent, like your local convenient store...the credit card company may reject your fraud complaint. 2nd you need to contact your credit card company and send them copies of the police report and any proof that it was not you. Credit card fraud are fairly easy nowadays to clear. The money lost due to fraud is insured so your bank or lender should replace the card and replenish your balance.Tax fraud, now this is a pain. Because if you ever dealt with the IRS it can be hours of holding on the phone. But, you still need a police report. You will need to fill out IRS Forms and affidavits. You will have to contact their specialist and they will work with you. But it is taking over a year to get your refund. If your working with a tax agency like HR block they should be able to help you with the process.Medical Id Theft is when they try to use your medical benefits or insurance to get medical help. The tough issue here is that as soon you tell your medical provider that you are victim of identity theft and it was not you who used the benefits in another state for example, they stop providing you with information about your medical records. This can be a real grueling procedure because now you have to use legal. If the provider still denies you access to your medical records after 30 days of your written request, you have the right to file a complaint with the Office for Civil Rights in the U.S. Department of Health and Human Services. Again, you need police report and copy of your credit reports. It's a pain.These are just a few basic examples of how to reduce your risk of identity theft.
What happens if someone steals your identity and uses your credit card?
Your question raises a number of important issues surrounding identity theft and unauthorized use of one of your accounts.Whether or not you have to pay depends on the type of account it is, the reasons the account was accessed, and how quickly you inform your creditor that you did not make the charge.The rules are different for cases of identity theft and other types of unauthorized use of your card (such as if you lose your card, it is stolen, or someone improperly uses your account).For a case of identity theft it is important to take the right steps to prevent further harm, as well as to know your rights when it comes to communicating with creditors and debt collectors.Report the identity theft to your local law enforcement agency.Use the FTC's Complaint Assistant to properly prepare for filing the police report and to get an affidavit to file.The complaint and affidavit are what you will provide to your creditors and to the credit bureaus to show that you are a victim of identity theft. You have the right to stop fraudulent accounts from being reported by creditors or by collection agents.The FTC site lays out the steps to take with the credit bureaus, including putting a fraud alert on your report.As stated at the FTC site, "Under most state laws, you are not liable for any debt incurred on fraudulent new accounts opened in your name and without your permission."To me, however, it is not clear that you suffered identity theft. It sounds like you experienced someone using your card without your permission, not necessarily someone stealing your identity.The steps to deal with that problem are different.Federal laws protect you, if your debt, credit, or ATM card is used without your authorization, whether lost or stolen.The most you can be responsible for unauthorized charges on a credit card is $50, according to the Fair Credit Billing Act. If you report your card lost or stolen before a charge is made, you have no liability.Protections for unauthorized use of a debit card are different. For a debit card:You have $0 liability if you report the card lost or stolen before any unauthorized charges are made.You have a maximum $50 liability if you report to your creditor within 2 days of learning of the problem.You have a maximum $500 liability if you report the event more than 2 days after you learn of it, but less than 60 days after your statement is sent to you.All the money in your account and any linked accounts are at risk if you wait more than 60 calendar days from the time your statement is sent.So, report the unauthorized activity to your creditor ASAP. Check out the FTC site, and contact law enforcement if it is indeed identity theft.
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