Legal Question in Credit and Debt Law in Florida

My daughter is disabled and I recently became aware of the fact that someone has stolen her identity.

Her disability benefits have not been affected, however, I cannot even request a credit report in her name through the free annual service because they are asking a whole bunch of questions regarding her credit history that I don't have the answers to since she's never opened any of the accounts that might be on her report.

From what I can see there may even be a mortgage in her name since they are asking questions regarding a mortgage loan as part of the process.

What free legal help can I get for her? She is legally an adult, however, I do have full power of attorney to act on her behalf.

Asked on 12/23/15, 1:12 am

2 Answers from Attorneys

Barry Kaufman The Law Office of Barry W. Kaufman

You might try legal aid in your county.

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Answered on 12/24/15, 4:56 am

Having been through identity theft myself, it can be a very frustrating and time-consuming process. The first 2 things you want to do is: (1) contact one of the 3 major credit bureaus and obtain a case number (TransUnion 800-680-7289, Experian 888-397-3742, Equifax 888-766-0008), and (2) contact the local police department and report your case and try to talk to the detective who handles financial crimes.

Don't expect any immediate results but the first thing you want to do is prevent future theft from occurring. All financial entities, banks, credit card companies, etc. should be contacted. Have new accounts re-issued and ask about obtaining a verbal password rather than using the last 4 digits of the social security number. Also, change email accounts, passwords, and security questions. Many identity thefts are obtaining information via social media and email accounts.

As far as acting on your daughter's behalf, is she legally competent (able to make decisions for herself)? If so, she will need to act on her own behalf or provide you a power of attorney. If she is not legally competent, a guardianship may need to be obtained if no one else has the legal power to act on her behalf.

This really isn't a legal issue unless you have information regarding the individual(s) who stole the identity or the individual or company that released information that caused the identity theft.

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Answered on 12/27/15, 5:52 am

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