Add Comments Legal California Identity Theft Forms For Free

Identity theft is a California “wobbler” crime, which can be filed as a misdemeanor or felony. The penalties include: a misdemeanor identity theft conviction can result in up to one year in the county jail, a fine of up to $1,000, and summary probation.

Common Defenses: We have had great success in challenging identity theft charges by showing that: you had no unlawful purpose when taking the personal information, or. you did not act willfully to obtain the personal information, or. you did not intend to defraud anyone, and/or.

Burden of Proof in Being Convicted for Identity Theft In ance to Penal Code 530.5 PC, the prosecutor must show proof that: The other person's information was willfully obtained by the defendant. The defendant knowingly, and willingly used the other person's information unlawfully.

Should you receive a notice from the IRS, immediately call the number provided in the notice to verify if the situation described is correct or if it's the result of identity theft. If the notice is the result of identity theft, complete Form 14039, the Identity Theft Affidavit, available on the IRS website.

Dear Sir or Madam: I am a victim of identity theft. I recently learned that my personal information was used to open an account at your company. I did not open or authorize this account, and I therefore request that it be closed immediately.

I am a victim of identity theft, and I did not make this/these charge(s). I request that you remove the fraudulent charge(s) and any related finance charge and other charges from my account, send me an updated and accurate statement, and close the account (if applicable).

Furnish as much documentation as you can to prove your case. Debt collection letters, credit reports, a copy of your printed ID Theft Complaint, and other evidence of fraudulent activity can help demonstrate the legitimacy of your case.

Under California law, you can report identity theft to your local police department. Ask the police to issue a police report of identity theft. Give the police as much information on the theft as possible. One way to do this is to provide copies of your credit reports showing the items related to identity theft.

Use the ID Theft Affidavit The Federal Trade Commission's ID Theft Affidavit is accepted by the credit bureaus and by most major creditors. Send copies of the completed form to creditors where the thief opened accounts in your name.