Legal Question in Criminal Law in Nebraska

Re: identity theft

If a person has no knowledge of another using their identity and no responsibility for that person legally (such as a spouse, minor child, business partner,or employee) then they are not responsible for any debt incurred by the criminal use of the credit received. Proving that it was not you who obtained the credit, or used the card is sometimes more difficult than it would seem. Creditors are sometimes aggressive in pursuing these claims, and you should immediately let them know of the problem. If you do not, the problem will only get worse and you may incur some liability for not disclosing the problem.

Here is a good general source for credit information on the internet: www.ftc.gov/bcp/conline/pubs/credit/crdright.htm

You can ask for a copy of your credit report from the major credit reporting agencies. You should review it to see if it is accurate, and to be sure that there are no accounts that you do not have. You should also review who has made inquries about your report in the recent past.

If you think that someone has, or may attempt to use your identity to apply for credit, you may wish to contact the major credit reporting agencies and ask that written confirmation of all inquiries be sent to your mailing address. This way, if someone checks your credit report, you are notified. If an entry appears without you having applied for credit with that company, you are alerted to the potential of theft, and can notify them that you have not asked for credit.

You should write down the names of all the persons you contact, when you spoke with them, their phone numbers and what company they are with. This information should be reported to the police immediately.

William P. Jones

Attorney-at-Law