Debt From Identity Theft (or Identity Mistake) & Fraud
You Only Pay a Legal Fee if Your Debt is Reduced or Removed
If fraud or theft has resulted in debts in your name, we can help get them cleared and resolved and try to get monies reimbursed or returned where negligence or violations of regulations or company policies occurred. You do not have to fight this fight, alone. We have the tools to stand-up for you against misdeeds and illegal acts that are causing you financial and legal harm
Identity Theft
Identity theft can occur in a number of ways- unfortunately. Even before the Internet, ID theft was a big problem. People steal identities for a variety of reasons: To make purchases, open accounts, get benefits, avoid capture, steal money.
Online ID theft is not difficult for a criminal mind to commit. We all have to take regular precautions to protect ourselves- and most people do not have the time or knowledge to do this.
ID theft’s criminal aspects require law enforcement’s help to resolve. But there are civil, commercial, and procedural remedies that are also available for losses or damages- but this does not, necessarily, mean that a person will be able to get fully, or even partially, compensated. We can help with the non-criminal aspects- specifically with efforts to get stolen money returned or reimbursed and clear-up and cancel illegal debts. Our goal is not to catch a thief- our goal is to take steps to fix your financial fallout from ID theft.
How can we help?:
1. We can conduct an investigation into: Changes in your assets or accounts; who had access; who used access; whom they engaged and provided false information to; and attempt to locate where they are now. Law enforcement conducts its own criminal investigation and we can share our information with the authorities, as needed.
2. We can pursue the culprits for return or reimbursement of money by asserting known facts and applicable laws (of course, this could be very hard, or impossible- especially if they are overseas).
3. We can seek reimbursement of funds from any source that wrongly delivered your goods or money to the thief (like a bank or retailer) who used your identity to get those goods or loans. We will use laws, regulations, and their respective company policies to establish your rights (litigation may be necessary, which will be discussed at such time- litigation would be on an hourly fee basis. We will try to resolve the matter without litigation, if possible).
4. We can try to get illegal debts and contract obligations cancelled and work with you to get your credit repaired.
This is all a process. You need to know the laws, your rights, what’s insured, how to fight illegal debt, what role law enforcement plays, proper collection of your evidence, and how to deal with those who allowed your ID to be, wrongly, used.
If we take the case, we will define the services to be provided, and legal fees would be contingent on Debt Resolution* (return or reimbursement of monies stolen and/or having illegal debts cancelled, without litigation).
Identity Mistake
Debt buyers may pursue you with the belief that you are the named debtor of debt they have purchased from the original debt holder, such as a credit card company. The risk is that they pursue a lawsuit against you for non-payment when you are not even the right person. We will clarify the issue and work to ensure the false claim does not go further and we’ll let the collector know that we are watching, overseeing, and asserting a wrong person claim, and will hold them liable for any financial harm and even for emotional distress. Moreover, we will contact the Attorney General if laws are not strictly followed.
Fraud
If an alleged creditor is demanding or seeking money from you for a transaction which, either, is not real, at all, or was incurred without your knowledge, or if you have been misled by a product or service vendor or business associate, we can review the situation to get the alleged debt settled due to apparent fraud.
Our legal fee is contingent on a removal of the fraudulent debts and would be a flat fee, if no litigation is required.
Elder Fraud and Theft
“Elder fraud” is a special kind of fraud. While fraud- the misleading of a person to their financial detriment- happens to people of all ages, including to seniors, the category of “elder fraud” is meant to refer to a senior citizen being taken advantage of, tricked, or robbed, by a person close to that senior- such as a family member, neighbor, caretaker, or financial advisor- any person who has access to that senior and his or her funds. If you are a senior – generally 70 years of age or older when we speak of senior fraud- (or if you know of such a person) and believe that another person has taken or is taking money or assets from you, call us for help.
“Elder fraud” also includes collections activities that, specifically, target seniors and use pressure or tricks to get them to pay money not actually owed.
In the case of ID theft of a senior, all of the steps of an identity theft crime will be followed, as described in the Identity Theft section above. We will help create or re-create paper trails, look for assets where they are supposed to be, including in accounts, analyze who has properly or improperly accessed an account or other funds, and seek to track-down culprits and get money or assets back from them or from any company who allowed access to funds or accounts using your identity. We will also help detemine if we need to contact the police. Last, if debt or other legal obligations have been incurred by a person in your name, we will work with creditors to straighten out the situation and try to get the debts cleared.
While seniors need special attention, people of any age, of course, can be victims of theft and fraud. Litigation can, eventually, be helpful to get compensated, “if” culprits and be located and then have money to pay a judgment. But a victim has, rapidly, to try to find the people, find the funds, if possible, and protect personal or business finances and credit. Even an arrest or a lawsuit won’t settle improper debts incurred or repair credit problems resulting from fraud or theft. If lawsuits to obtain judgments and put liens on and seize assets are worthwhile in the end, we can discuss this approach. But prior to that, we will do the legwork that is more likely to help recover funds and manage any consequences with third-parties, as fast as possible.
We use a variety of tools and laws to identify culprits, resolve debts, get monies back, and repair negative credit information arising from fraud and theft, including: Collection laws; contract laws; credit laws; civil fraud laws; criminal laws; industry specific laws and regulations; company-specific policies; commercial experience; financial skills; financial analyses; reviews of victim’s records and accounts; knowledge of legal procedures; and the facts specific to a respective case.
Our legal fee is contingent on getting money or property back and/or removing debts incurred improperly and illegally, without litigation.
All the above should be tried before a lawsuit is served on you, to preserve any leverage you have. Do not wait until there is a lawsuit or a judgment and your costs and risks rise. If you have an argument based on the above, feel free to call us to maximize your leverage. You do not have to fight this fight, alone. We have the tools to stand-up for you against misdeeds and illegal acts that have led to stolen funds and/or debt(s) in your name, and we can help get your life back on track.
______________________________________________________________________
Notes:
*We do not handle car loan defaults or credit card debt (unless the collection action is by a debt buyer and not the original credit card issuer or unless the credit card company has already agreed to negotiate- or if a judgment against you has already been obtained following a lawsuit).
*If we take the case with the goal of reducing the amount of an obligation, you will be required to place our legal fee in our attorney escrow account, to be paid to this firm upon a Debt Resolution. If no agreement of resolution is achieved, the legal fee is returned to client.
*Identity theft and fraud cases can require forensic technologists and accountants to resolve. These services are outside of and separate from our contingent-fee legal services and would have to be paid by client, directly, according to such companies’ terms, if client elects to engage such service(s).
*Debt Resolution = An agreement by a creditor or counterparty in accordance with the attorney-client engagement letter’s definition of “Debt Resolution”.
Charges of third parties – such as overnight mail services and filing fees- are to be approved and paid by client.
*If litigation is eventually pursued, it would be on an hourly-fee basis.