Advice on Identity Theft

Updated on July 20, 2009
C.M. asks from Houston, TX
11 answers

Hi, I have a friend whose identity was stolen by using her checks. Her and her husband are on the acct. There have been thousands of dollars damage done to their account. The bank says the acct is closed,but they also said if checks come in they will clear them. None of this makes sense. They have filed a police report and a report at the bank. I feel so bad for her and him and wanted to see if this has happened to anyone out there. Please give suggestions on what to do. The bank and Police detective have said to never write a check because someone gets your acct. and address etc. and then steals your identity. How are they doing it?Camera phones to get your check picture? Anyway they said to use a debit or credit card instead. I hate that the world is coming to this, but we need to adjust I guess to keep up with the times.

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So What Happened?

Well it is going to be a long process, but the checks have stopped now and part of the reason they were still clearing in because they had a credit card protection for their overdraft. It takes 2 weeks for the overdraft to stop apparently. Anyway. I think everything is going to work out well. They have a lot of good advice from you moms and from their legal department friends. I really appreciate all of the support and advice you have given. This is not going to be ending overnight. The detective told them that the nightmare had just began. All we can do is pray for them. Thanks again for all of your wonderful advice.

C.

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M.C.

answers from Houston on

I can mail them an idenity packet if you have an address to mail it to them. I work at a police Department.

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D.S.

answers from Killeen on

I don't understand why the bank will still allow them to go through. Tell your friend to take the police report to the bank.

I had an employee steal company checks in 2003. It is a lot of work. I spent a year getting her prosecuted. I learned a lot during the process. I now have procedures in place that will prevent it in the future. One big thing I learned is if a company uses a signature stamp, they would not be able to prosecute to recover their loss. Always hand sign your checks. This employee forged my signature, as well.

I wish them the best. I know how much of a mess it can be.

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R.L.

answers from Houston on

I agree I think you need to find a new bank. and I would get the bank manager on the phone, they definitely should not be clearing checks on a closed account, thats crazy!

A few years ago I had my wallet stolen (out of my car in my driveway no less.) My bank (Bank of America) was wonderful. They immediately cancelled my bank card and put the money back in my account. Then I had to file the fraud report with a copy of the police report to the bank.

I also called all 3 credit bureau's and put a fraud alert on my file. When you do this you can get your credit reports for free, I suggest you get a copy and review those just in case.

We use check very rarely. I always use my debit card and hardly ever carry cash. We don't have credit cards, but the debit card works anywhere the credit logo is. (Usually master card or visa). I've never had a problem using my debit card.

It's so frustrating when you are in a situation like this. I really hope it works out for your friends. If it's that bad they may want to seek legal advice because they are not legally responsible for any of the charges related to this fraud.

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N.T.

answers from San Antonio on

You usually don't hear about identity theft with checks because usually the checks are stolen and then written or someone had access to those checks. Be careful with debit and credit cards. This is where you really have the problem of identity theft. Never give your card ot anyone to use and never give out your PIN number to anyone and always use a PIN number that no one can figure out because most everyone uses their birthdate's which is the wrong thing to do in case they somehow had your purse with my info. I don't know how they do it either but I was at Toys R Us last Christmas and made one purchase for $24.99 with my debt card. Next thing I knew I had 4 other charges for different items on my bank statement. There was no way anyone was beside me to see me put in my PIN unless someone used a camera phone and video taped it and I still can't figure that one out. To this day I know it was the clerk who waited on me but Toys R Us was no help at all but my bank took care of everything and I cancelled the card and got a new one. Now I am extra careful when using it. I have also been told to use it as a credit card and not debit card as they have to have your signature when you do it as a credit card. That is what the world is coming to unfortunately and I feel sorry for your friends. Usually the bank is not as kind with check theft but in this case your friends did the right thing by filing a police report etc. I hope the bank did not charge them for this theft.

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J.B.

answers from Houston on

Wow, that is so terrible. I had it happen to me when I was 18 which was about 15 yrs ago now. Debit cards were not available yet and I was carrying my check book in my wallet. They went and wrote thousands of dollars worth of checks over the weekend bc that was back in the day where things weren't instant and the checks didn't hit the bank until Monday. Anyway, it was amazing bc I got to see copies of all the hot checks and the signature on the check and my signature were totally different. I was amazed that no store caught it. What I had to do was fill out forgery affidavits for every check. I didn't have any money in the account when it happened so I had lost nothing but my credit was horrible for seven years even though I was cleared of wrongdoing. I couldn't get a cell phone contract or sign up for any service without a huge deposit or a co-signer until I was about 25. It seems the victim in these things always has to pay some price as well. I wish them all the best and I hope it all works out.

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S.W.

answers from Houston on

She needs to notify all 3 of the credit bureaus immediately that she is a victim of identity theft and see if any new credit/debit cards have been issued. I can't believe the police told her not to use checks anymore.. I still use my checks. I have been the victim of identity theft USING my credit card, so that is not safe either. The clerk at the local gas station spent 2 days copying credit card names, numbers and PIN's and had a $10k field day including buying plane tickets! Luckily for me, she only bought hats and dresses and had them delivered to her house in MY town! I went to the police and filed a report and nothing ever happened to her. BUT, I was lucky and got the catalog people to refund my account the full amount and I immediately closed it! It was a brand new Mastercard and they just issued me a new number at my request.

Remember only carry what you need in your wallet AND photocopy the back and front of everything you carry in your wallet and every credit card you have. If it is stolen, you have the number on the back to immediately notify the company. I work in a "not so great area", so I am going to carry my DL, ins card and $10 to work. the credit cards and checkbook can stay at home. Good luck to your friend.

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L.B.

answers from Houston on

Hi C., I have been through this myself and I can tell you it is so frustrating and time consuming. One of the first things that was recommended to me was to contact all three reporting agencies and let them know that she's been a victum identity theft. Request copies of the reports ask them to put a fraud alert on the credit report. Once she gets the reports its up to her to go through and identify each account that is not hers. THen contact each creditor and let them know this is a fraudulent account and you would like it removed from your report. Each, I found had their own requirements. The CSC credit report agency was the hardest to work with. You cannot ask them to remove any information, the creditor that reported the information must contact them. If they do not you're out of luck. I still have an apartment complex on my report that is saying that I owe more than 5,000. Most people were very nice and cooperative and very sympathetic. And were quick to contact the credit reporting agencies to have the information removed. Brace yourself that they may no all be that way. ITs the most time consuming infuriating thing I've been through. Tell your friend good luck and most important get the fruad alerts and statments on her credit reports. Its a hassle for her but that will prevent any new accounts being opened in her name.

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D.M.

answers from Houston on

This happened to me last year. As long as the acct. Is closed, your friend is not responsible for the checks. She will need to file a report with each place, however, to prove that it was a fraudulent check. As long as she files the paperwork (including the police report) she should be OK. Also, I had to obtain an entirely new drivers liscense NUMBER because every check clearing facility is linked to this number. Again, she needs the police report to obtain this. Finally, if your friend is vigilent, she can work with the police to catch the criminal.My banker forwarded copied of the backs of the checks to me. We then requested the survellience videos sent to the police officer.They can tell which register and exact time the checks were written. If she stays on top of this it is possible to catch the criminal. BTW, these theives usually only write checks for about 3 days and to large chains like Home Depot and Big Lots. After this, the check clearing agencies catch up with then and they have a higher likelyhood of getting caught. It is a HUGE scam...

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B.M.

answers from Houston on

I worked at a bank for 3 years during college, and check fraud is rampant. First, the bank should NOT be clearing any checks on a closed account without verifying their legitimacy. Normally, they'll ask for a list of the checks actually writing on the account by your friend and her husband that haven't cleared and if something comes in that doesn't match the list then it's not cleared. It's that simple! It's also the bank's responsibility to verify the signature on the checks of open accounts so if those signatures don't match, then your friends are not financially responsible and it's on the bank to try and recoup the money through their fraud department. There are other things they can do to determine which checks are real, but without know more details, it's hard to be specific. If they are getting any answer other than we'll put the money back and stop clearing checks from their bank, then they need talk to the Branch manager, district manager, and as high up as necessary until they actually get some real help. I'm sorry that they are going through this, it's very frustrating to deal with other people's dishonestly!

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M.H.

answers from Houston on

I would suggest they find another bank. To suggest that they will still clear checks on a closed account is ludacris. Also, the idea that you shouldn't use checks is another moronic statement. People can just as easily steal from you via check, credit or debit card.
Your friends need to contact a higher authority other than the police in their town. Barney Fife is not handing out very good advice.

Margaret :)

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S.W.

answers from Houston on

I use checks, but do not put my address on them and also like an attorney said just put your first initial (J.Smith) because if stole or picture taken of them they have no clue what your first name is or address. But if someone really wants to still your identity they can find many ways of doing that by looking at your mail if you have mail box at your house. The bank is respondible for forged checks, but you do have to do what you already have and make a police report. The bank should send back all check with acct closed stamped on it.
But just think about this, everytime you sign up for anything they request your social security number (cell phone, utilities etc.) and a horrible thought teenagers work at alot of these places and could easy sell this information to anyone they wanted and they also have your address.
Debit cards are the best to use because you have to enter your pin number (cover the key pad with the other hand so no one can see what you are entering). But if you use the debit/credit cards anyone can just use it without anyone pin numbers, they are the most dangerous cards out there. So, if you do not want to use checks at least use the debit card and do not order the check/debit cards because there is alot of bank accts being cleaned out.
I have even though of just using good old american cash. I am very carefull with my purse anyway.
Good luck and sorry this has happened to your friends.

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