Identity Theft

When a debtor informs you that they are a victim of identity theft, you must stop your collection efforts and follow certain procedures.  However, the debtor must do the following first before you have to stop.  They need to provide the following:

  1. They need provide you with a copy of the police report filed by them alleging that they were a victim of identity theft, and
  2. A written statement that they claim to be a victim of identity theft with respect to the specific debt at hand

Upon receipt of these documents, you must stop your collection activities until you are done reviewing all the documentation.  The debtor written statement can be in a form of a affidavit attested to under penalty of perjury under the law.  A person submitting the declaration who declares as true any material matter that he or she knows to be false is guilty of a misdemeanor.