How To Prepare for Court If Your Identity Is Stolen
Record Your Identity Theft Case
If your identity theft case ever makes it to court, it will be more important than ever to have detailed records of the crime. This includes every person you’ve dealt with, conversation you’ve had, expense you’ve incurred and piece of evidence that exists as a result of the identity fraud. The more documentation you can offer the court in an organized and presentable manner, the better your chances of winning the case.
From the very first moment you learn about a potential fraud against you, you should begin taking notes in a bound booklet which you can later use as your official case log for court, should your case come to that. In this official case log:
- Record every contact you speak with, including individuals at your local police department, representatives at financial institutions, and even post office employees – anyone you speak to about your case. Record their full name, department, job title, phone and fax numbers and email addresses.
- Take notes on every conversation you’ve had, when it occurred, who you spoke to and what transpired.
- Write down the dates of every letter you’ve mailed, phone call you’ve made, or other action taken as well as actions and inactions taken on the part of outside representatives.
- Record all monies spent, when they were spent and for what purpose. This includes, long distance phone calls, postage, mileage, gas, court costs and lost wages – get down to the nitty gritty of what you spent as a result of the case. Include receipts when possible.
- As best as you can, log all the time spent on recovering your losses. This includes time spent in the car driving to court, time on the phone, time writing letters, even the time it takes to write in your case log.
In order to hold people accountable and to prove your case, follow up every in-person meeting or phone call with a written confirmation of what was said. Ask them to respond in writing if they disagree with your account of the conversation. Send the letter by certified mail and request a return receipt. Keep the return receipts in your case log.
Be Involved in the Court Hearings
This is your case and your life, so you need to make sure you don’t miss anything. Attend every court hearing and take notes. Jot down questions you have and ask them later. Don’t forget to include names of everyone involved including the judge, lawyers and defendants. Log what transpired during the hearing. Take note of who said what and what comes next.
Save All Documents Related to Your Case
It is extremely important that you save all documents and correspondence related to your case in a notebook or filing folder. You should definitely keep copies of any:
- Police reports (which you should file immediately after discovery of the fraud).
- Complaints with the FTC.
- Documents that prove that an account was opened in your name or that an existing account was misused. This may include credit cards, credit applications, bank statements and so on.
- Transaction records of fraudulent charges.
- Credit reports.
- Copies of all letters you send or receive.
- Court documents.
- Victim statements written by you to the judge of your court case.
If you follow the above guidelines, you will be in an advantageous position for your court hearing(s). These guidelines are not all-inclusive. The idea is that with more proof and documentation, the more prepared you will be to defend yourself.
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