PLEASE HELP... victim of identity fraud

[chaela143 1]

I have been in the U.S. almost all of my life. My parents applied for a social security number for me when I was 10 years old, and the card reads "Not Valid For Employment". I'm 24 now, I have worked illegally and have used that social security number for tax forms twice...

When I was 18, I was a victim of identity fraud/theft. (not sure which term to use!) My older brother used my social security number and took out a loan with Wachovia and got 2 credit cards in my name. I'm not really sure how without my ID and other identification but I'm guessing he applied for them online and got approved. I'm thinking that it wasn't too hard for him to pull it off because my name is Michaela and his is Michael. (and to make it worst, his middle initial starts with an 'A')

We don't really have a good relationship at all... but I know it was him because when I checked my credit online, when I check the previous addresses on there, it shows his old address as one of them. I've never lived with him, and never have even been to that address in my life, or city, but my mom did confirm that used to be his address. The only problem is, his name was never on the lease there and was just living with a group of guys (none of which I know) so I never filed a police report or anything because I figured I would have to somehow prove he did it, and I had no proof other than that. I tried to confront him about it by email years back but never got a response, ofcourse.

But....my credit is ALL messed up because of it. I tried to contact the collectors and tell them my situation and none of them seemed to care what so ever and all they cared about was collecting the money trying to settle with me, but I don't want to pay something that I don't owe... especially thousands of dollars worth of debt! I can't even find him now, I've searched for him on facebook, none of my family members know where he is or how to contact him, so I'm sh*t out of luck on suing him in small claims court or anything like that. His ex wife doesn't even know where he is and says he owes thousands in child support. The only thing I could think about doing was maybe filing for bankruptcy but I don't want to have a bankruptcy under my belt, especially being this young!

Anyways, I'm waiting for my EAD to come in the mail now. I'm married and took my husband's last name so my passport now reflects that name.. I get all of my immigration letters w/ my married last name and requested that everything including my EAD, green card, etc. be issued in my married name....

Could I just go to SSA and apply for a new social security number? I was thinking about just applying and not even putting that I ever had any previous social security numbers on there but I'm not sure if that would work. Also, my attorney didn't include my social security number on any of the immigration forms because he knows my situation and knows that Michael had been using the #. Those debts in my name are really holding me back from doing anything.. I have nothing in my name because of this mess.

Does anyone know what I can do in this situation? I just really don't want to have to explain this to SSA and have to go through a bunch of stuff to clear my credit and delay having a social security card issued to me. I have also heard from some people that it takes years for people who are victims of identity fraud to

clear their credit...

Feedback would be greatly appreciated!

Thanks!!!!!

Edited October 17, 2010 by chaela143

[NigeriaorBust 4,087]

You did not apply for any credit and you owe no one anything. Be very very careful not to agree to any payment plan they offer because that may make it appear you are accepting the debt. File a police report. Your brother may end up arrested over it , and he will probably have to at least pay these people off but it isn't your problem, he didn't care a darn about you when he used your ID. This site has info for you Credit card identify theft If you are unwilling to report the crime you will have to pay the bills.

Here are the instructions for the debt collectors.

Debt collectors. If debt collectors try to get you to pay the unpaid bills on fraudulent accounts, ask for the name of the collection company, the name of the person contacting you, phone number, and address. Tell the collector that you are a victim of fraud and are not responsible for the account. Ask for the name and contact information for the referring credit issuer, the amount of the debt, account number, and dates of the charges. Ask if they need you to complete their fraud affidavit form or whether you can use the FTC affidavit. Follow up by writing to the debt collector explaining your situation. Ask that they confirm in writing that you do not owe the debt and that the account has been closed.

Under new provisions in the FCRA, a debt collector must notify the creditor that the debt may be a result of identity theft. (§615(g)) The FCRA also prohibits the sale or transfer of a debt caused by identity theft. (§615(f)) For additional information on dealing with debt collectors, read our Fact Sheet 27, which has a section for victims of identity theft at www.privacyrights.org/fs/fs27-debtcoll.htm#8

[RICARDO4EVA2 194]

Could I just go to SSA and apply for a new social security number? I was thinking about just applying and not even putting that I ever had any previous social security numbers on there but I'm not sure if that would work. Also, my attorney didn't include my social security number on any of the immigration forms because he knows my situation and knows that Michael had been using the #. Those debts in my name are really holding me back from doing anything.. I have nothing in my name because of this mess.

Does anyone know what I can do in this situation? I just really don't want to have to explain this to SSA and have to go through a bunch of stuff to clear my credit and delay having a social security card issued to me. I have also heard from some people that it takes years for people who are victims of identity fraud to

clear their credit...

Feedback would be greatly appreciated!

Thanks!!!!!

Not letting the SSA know you have a SSN when you do is putting you at serious risk.. do you really want to go there...? o change one's SSN usually the process goes through the courts.. it's a process and it's often times changed easily. But the process starts by notifing the issuing post... (SSA)

[TyandAllie 17]

Go to the police station and ask about filing a police report.

My husband's brother stole his identity...long story, brother bi polar, alcoholic, drugs, homeless, previous warrants... ended up getting beat up badly fighting in 'underground' street fights for money...taken to hospital via ambulance, 2 weeks in the hospital and he gave them my husband's name and SSN as he was afraid of the warrants.

Because brother didn't know my husband's current address at the time, he likely made one up so it took quite a long time for the collection agencies to trace my husband's name (thinking he was his brother of course) back to his parents house, then all of a sudden my DH starting getting piles of mail at his folk's house from collection agencies from Florida (we're in Michigan).

DH contacted the creditors and was told he could do nothing without a police report, so we headed on in and filed one.

Hubby has since been able to clear almost all the bills, there is one holding out and being difficult, even though my husband can prove he was visiting a friend in Hawaii while he was supposedly in hospital in Florida

Unfortunately, it is still on my husband to repair his destroyed credit rating, we were about to start the process of home shopping, and we had to find a seller willing to finance a land contract as a mortgage was now out of the question...fortunately, we did.

I wish you luck, it will be a long road, but no one will listen to you until you have a police report on file.

To wrap up the story, my BIL fled Florida to California, where he subsequently robbed a bank and is now in federal prison

[Krikit 1,164]

Even though this thread is asking about SSN's (Working & Traveling Forum) I am going to move it to the New Life in America forum as it isn't an AOS Process question. Good luck, OP!