Someone is syncing my computer browsers and info to their cell phone and I don't know the legal process of how to file charges. (When my daughter informed that my computer might be compromised, I contacted the geek squad and they cleaned it up and assured me I was okay. However, I see I'm not okay. It's very clear that this person is accessing my accounts. He is opening accounts and hacking into my daughters disability accounts. Is it possible to press charges against this person. Our identity is being stolen )
If you know the identity of this individual you can ask the local police to press charges, or if not, to open an investigation.
This answer does not establish an attorney client relationship, nor does it constitute specific legal advice.
Not enough information is being presented to tell if you know exactly who is doing it. But more importantly, you need to contact the three credit bureaus and put a temporary freeze on your credit reports while you are attempting to clear this up. You also need to review all your credit reports to see what accounts may be on there that do not belong to you. The longer you wait, the worse it will get. Act now.
Please note that no attorney-client relationship is created by my answers to questions on the Avvo forum. My responses should not be construed as legal advice, regardless of whether I am admitted to practice in your state or not. I am an attorney in Miami Beach, FL, practicing foreclosure, bankruptcy, credit repair, debt defense, and aviation law. Please consult a lawyer in your state if you seek legal advice.
It is possible to report it to the police. I am a criminal defense lawyer, I do not assist clients who have been the victim of identity theft unless that has resulted in them wrongly being charged for a crime someone else has committed (and, yes, this does happen). That said, I recognize that being a victim of Identity Theft can be devastating. The following are steps a victim of financial identity theft can take:
1. Order Your Credit Reports
If you learn that someone has opened an account in your name or with your SSN, you must first gather up all the information you can about what other accounts have been opened. The Credit Reporting Agencies (CRAs) have almost all the information you need. Federal Law permits any consumer to order his or her own credit report from the Big Three CRAs once per 12-month period FREE. Here are instructions on the Federal Trade Commission's website. http://www.consumer.ftc.gov/articles/0155-free-credit-reports
2. Make a Copy of the Report(s) and Review Them for Errors/Discrepancies
When you receive the report(s), copy them. Do not write on your originals. Review all of them carefully for anything that you do not recognize as yours. In particular, any accounts that you never authorized, any addresses and names that should not appear for you, and any inquiries by companies that you have not applied for insurance or credit and have no accounts. This is a very important step and if you miss anything now, it will affect you in future steps. Start a file folder for each credit reporting agency and for each debt collector or creditor and put everything in a very secure place, because you do not want your credit information to get lost or stolen or handled by anyone else.
3. Request a Fraud Alert
Write to each of the Credit Reporting Agencies and request a fraud alert on your file. This will mean than anyone trying to open any new accounts with your information is going to have to supply additional information. Tell them that you are filing a Complaint with the FTC, then follow up.
4. Prepare an FTC Complaint with Supporting Affidavit
Once you have gone through the reports, go online to prepare the FTC Identity Theft Complaint and Affidavit form. http://www.consumer.ftc.gov/articles/pdf-0094-identity-theft-affidavit.pdf. The form can be completed on line and provides room for all problem items in your report that you believe are improper (see previous step) and may be from identity theft. The form can also be used to file a complaint with the FTC. The FTC also advises to "Call the ID Theft Clearinghouse toll-free at 1.877.ID.THEFT (1.877.438.4338) to report the theft."
5. Contact Local Law Enforcement Agencies - Report Locally
Please contact your local police or sheriff's office for an appointment with someone who knows about identity theft police reports. If you just show up, unannounced, the person who helps you may be unfamiliar with identity theft and so that person may give you a run around or even simply tell you to take a hike, because this was your friend or relative. Bring an extra copy of your credit reports, as you have marked what appears to be improper, and an original and a copy of the FTC ID Theft Form. You need the police or sheriff to prepare a report for identity theft, so you can put this report number on the FTC ID Theft Affidavit (page 5) and sign it with the officer present on page 6. If the local police and sheriff refuse to take a report, then contact either a state agency, such as the State Police, or the U.S. Postal Inspector. This is very important to get a government agency involved in the investigation and report.
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Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.
Without having concrete proof of the events and the ability to ID the perpetrator no. That said, you simply need to stay off ALL computer, social media or internet account for a period of about 3 years so that the information goes stale, change all current account numbers for all credit and back account, and go from there,
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