Your Rights to Request in Court
In the event you have fallen victim to identity theft, you may feel as though you are alone. Though this is a normal feeling, a consumer actually has numerous government and federal rights that protect them from identity theft. Even though there are these laws out there to protect, a consumer needs to realize that the law does not think the same way as the consumer.
The court rooms are flooded with severe cases such as rape, homicide and robberies; therefore identity theft victims tend to fall at the bottom of the complaint list. Therefore it is up to you, the victim, to prove that this is not a victimless crime and that there is real damage done. Some of the following are things a consumer can request upon the court during the Sentencing Phase of their apprehended identity thief, but realize that a judge may not allow all of them to be heard or granted.
Assistance Programs for Victims
In most states, there is a Victims Assistance Program offered by the District Attorney’s Office. It is important to utilize these services and ask them for assistance on how to organize your case. In most instances these services are free by the courts.
Theft Restitution
In the event you have become a victim of identity theft, you can request that the court force the thief to pay restitution. This will be a certain amount determined by the courts on what the identity thief will pay to reimburse the victim for their losses. In order to request any form of restitution, a victim must be able to provide proof of costs incurred during recovery, lost wages, vacation time used, and out-of-pocket expenses. These should all be proven with receipts, invoices and any other form of documentation such as cancelled checks and billing statements.
Credit Monitoring
Often after a consumer has become a victim of identity theft, they will sign up for credit monitoring services to ensure that no further fraudulent activity has occurred under their name. These credit monitoring services are not free; therefore the consumer is forced to pay for them. During the sentencing phase, a consumer can request that the identity thief reimburse them for these costs by showing proof of bank statements or other forms of payment used.
Identity Monitoring Services
Just the same as credit monitoring services, after identity theft a victim will typically sign up for an identity monitoring service. If they can prove payments and billing for these services, victims can request restitution for them at the sentencing phase as well.
Letter of Clearance
When a victim takes their identity thief to court, they can request from the courts a written Letter of Clearance. This is a court document that clears the consumer’s name of any fraudulent purchases or debts that occurred during the identity theft. They can use this letter to remove fraudulent debts from their credit report.