Identity theft again - thanks to the Florida AG

Who Investigates Identity Theft?
If you are a victim of identity theft you should contact your local police department or sheriff's office first to file a report. Under Florida's identity theft law, the report may be filed in the location in which the offense occurred, or, the county in which you reside.

It is important to remember to get a copy of the police report. Very often, the bank, credit card company, or others need proof of the crime in order to erase the debts created by the identity thief.

If you can't get a copy of the report, at least get the report number.

Who prosecutes identity theft?
Identity theft prosecutions are handled either by the State Attorney in the local judicial circuit, or the Office of Statewide Prosecution in the Attorney General's Office. The Office of Statewide Prosecution handles the prosecution of multi-circuit organized crime.

What are some tips regarding how to file a police report?
Provide documentation. Furnish as much documentation as you can to prove your case. Debt collection letters, credit reports, your notarized ID Theft Affidavit, and other evidence of fraudulent activity can help the police file a complete report.

Be persistent. Local authorities may tell you that they can't take a report. Stress the importance of a police report; many creditors require one to resolve your dispute. Also remind them that under their voluntary "Police Report Initiative," credit bureaus will automatically block the fraudulent accounts and bad debts from appearing on your credit report, but only if you can give them a copy of the police report.

Be a motivating force. Ask law enforcement to search the FTC's Consumer Sentinel ID Theft database for other complaints in your community. You may not be the first or only victim of this identity thief. If there is a pattern of cases, local authorities may give your case more consideration.

That's why it's also important for you to file a complaint with the FTC. Law enforcement agencies use complaints filed with the FTC to aggregate cases, spot patterns, and track growth in identity theft. This information can then be used to improve investigations and victim assistance. Click here to access the FTC's online complaint form.

Identity Theft - What to Do If Your Identity is Stolen

With thanks to the Attorney General, I posted his suggestions below. Identity theft is a problem for many more people than you may realize. Many times Identity theft occurs between family members because they may have access to mail, personal information, etc. Regardless of the perpetrator, the effect can be devastating to the victim. Many people lose thousands and thousands of dollars every day to identity theft and other scams.

Source: The Florida Attorney General's Office

Identity theft is a serious problem that affects millions each year. When an imposter uses your name, social security number (SSN), credit card number, or any other form of personal information without your knowledge, it’s a crime.

Unfortunately, sometimes victims remain unaware that their identity has been stolen until they receive monthly statements for credit card accounts they never applied for, credit reports including unfamiliar debts or monthly statements that include unauthorized charges.

If someone has stolen your identity, immediately take these three steps:

• First: Contact the fraud departments of each of the three major credit bureaus. Ask them to flag your file with a fraud alert and include a statement that creditors should ask for permission before opening any new accounts under your name. Ask the credit bureaus for copies of your credit reports. Credit bureaus must give you a free copy of your report if it is inaccurate because of fraud. Review your reports carefully to make sure no additional fraudulent accounts have been opened in your name or unauthorized charges made to your existing accounts. In a few months, order new copies of your reports to verify corrections and changes, and to make sure no new fraudulent activity has occurred. For more information on your rights and the Fair Credit Reporting Act, log on to http://www.ftc.gov/opa/2003/05/fcratest.shtm

Company	Report Fraud	Other Credit Report	Web Site
Equifax	(800) 525-6285	(800)685-1111	http://www.equifax.com/
Experian	(888)397-3742	(888)397-3742	http://www.experian.com/
Trans Union	(800)680-7289	(800)916-8800	http://www.tuc.com/

• Second, contact the creditors for any accounts that have been tampered with or opened fraudulently. Speak with someone in the security or fraud department, and follow up in writing. Following up with a letter is one of the procedures spelled out in the Fair Credit Billing Act for resolving errors on credit billing statements, including charges that you have not made. Sample letters are available in the booklet ID Theft: When Bad Things Happen to Your Good Name .
• Third, Fraudulent Use of Personal identification Information is a violation of Florida law pursuant to §817.568, Florida Statutes (1999). File a report with your local police department or the police in the community where the identity theft took place. Keep a copy just in case creditors need proof of the crime.

Take Control
Although identity thieves can destroy your personal finances, there are some things you can do to take control of the situation.

Some ways to handle the most common forms of identity theft are:

A- If an identity thief has stolen your mail for access to new credit cards, bank and credit card statements, pre-approved credit offers and tax information or falsified change-of-address forms, that person has committed a crime. Report it to your local postal inspector. You may contact the United States Postal Inspection Service online at https://postalinspectors.uspis.gov/

B- If an identity thief has changed the billing address on an existing credit card account, close the account immediately. When you open a new account, ask that a password be used before any inquiries or changes can be made on the account. Avoid using easily available information like your mother’s maiden name, birth date, the last four digits of your SSN or phone number, or a series of consecutive numbers. Avoid the same information and numbers when you create a Personal Identification Number (PIN).

C- If an identity thief has accessed your bank accounts, checking account or ATM card, close the accounts immediately. When you open new accounts, insist on password-only access. If your checks have been stolen or misused, stop payment. If your ATM card has been lost, stolen or otherwise compromised, cancel the card and ask for another with a new PIN. For more information, you may also contact the Federal Deposit Insurance Corporation (FDIC), and the Office of the Comptroller of the Currency online Office of the Comptroller of the Currency.

D- If an identity thief has established new phone or wireless service in your name and is making unauthorized calls that appear to come from—and are billed to—your cellular phone, or is using your calling card and PIN, contact your service provider immediately to cancel the account and calling card. Obtain new accounts and new PINs..

E- If an identity thief is using your social security number (SSN) when applying for a job, get in touch with the Social Security Administration (SSA) to verify the accuracy of your reported earnings and that your name is reported correctly. Call (800) 772-1213 to check your social security statement. To report SSN fraud online, log on to http://www.ssa.gov/oig/ifyou.htm.

F- If, after trying to resolve the problems brought on by identity theft you continue to experience problems, the SSA may issue you a new SSN at your request. However, consider this option very carefully. A new SSN may not resolve your identity theft problems, and may actually create new problems. For example, a new SSN does not ensure a new credit record because credit bureaus may combine the credit records from your old SSN with those from your new SSN. Even when the old credit information is not associated with your new SSN, the absence of any credit history under your new SSN may make it difficult to obtain credit. Lastly, there is no guarantee that a new SSN would not also be misused by an identity thief.

G- If any identity thief is using your name or SSN to obtain a driver’s license, report it to your Department of Motor Vehicles. Also, if your state uses your SSN as your driver’s license number, ask to substitute another number.

Stay Alert
Taking the steps outlined here should, in most cases, resolve your identity theft problems, but identity theft or related credit problems may reoccur. Stay alert to new instances of identity theft. Notify the company, creditor or agency that is involved immediately and always follow up in writing.

Order a copy of your credit report from the three credit bureaus every year to check on their accuracy and whether they include only those debts and loans you’ve incurred. This could be very important if you’re considering a major purchase, such as a house or car. A credit bureau may charge a fee for a copy of your report.

More resources and information, including an identity theft toolkit, are available online at: http://myfloridalegal.com/identitytheft

FEDERAL TRADE COMMISSION (FTC)
If you’ve been a victim of identity theft, file a complaint with FTC by contacting their Identity Theft Hotline toll-free at, 1-877-IDTHEFT (438-4338); or TDD at 202-326-2502; by mail to the Identity Theft Clearinghouse, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580. You may also file a complaint online at https://www.ftccomplaintassistant.gov/

The FTC publishes free brochures on identity theft and many consumer issues. For a complete list of publications, write for Best Sellers, Consumer Response Center, Federal Trade Commission, 600 Pennsylvania Avenue, NW, Washington, DC 20580; or call toll-free 1-877-FTC-HELP (382-4357), TDD 202-326-2502; or log on to http://www.ftc.gov/bcp/consumer.shtm.

Thank you!

Such a Wonderful Phrase! I like being able to say Thank you!

Today, one of my dearest friends brought a gift by my office: A Painting in Watercolor of my Grandfather's Barn. In reality I did commission the work, but that should not take away from the Thanks I feel for such wonderful work presented to me.

The picture at right is a recent photo. In the next post, I'll include a shot of the painting.

Many times our memories deceive us. I looked at this photo of the old barn, and truly is looks like an Old Decrepit Barn! My memories don't recall it with so much rust and dust however. I remember putting hay into the loft from the age of 6! Then it was a Massive structure. I got to work with my grandfather's lifelong friends, Harry Clemons, Bob Lowery and others. They treated me like a fellow worker even though I probably got in the way more than they needed until I was 15 or 16. By then I was old enough and strong enough to drive the tractors and trucks around the farm and throw hay bails up onto the wagon.

Memories are funny, one persons delightful childhood event is another persons awful childhood memory. Too bad. If we all could remember only the best and forget the worst, Thank You might be heard more often.

How do We get Along for the Children?

Following is a message I received in my role as Guardian Ad Litem for two children. Their parents could not agree on a visitation schedule, arguing about whether weekly pickup and drop off were to be on Friday or Sunday. The Brother of one wrote:

"Lets just stop all the messages between the two of you and just
comply, nothing other than an "OK, see you at ..." This has to become
a non incident as this will always be happening, mix ups are normal in
family affairs and developing a cooperative manner of working
together, without the threat of court action by either party, is the
only suitable choice (In My Opinion)...its not easy, will take both to agree, but
at the first, it will take at least one party to choose to not
fight...be that party, comply no matter how onerous it might be, but
stop the fighting at all costs, determining fault and assigning blame
will only keep both of you stuck in the problem, so sidestep it by
agreeing immediately with no rancor ...that is the only way that
cooperation can sprout and become the way that this parenting can work
harmoniously between all parties...your brother "

I add this post because so many times people in the midst of conflict forget they once loved, and every issue becomes a power struggle. Obviously if the power struggle continues so that one party is constantly taking advantage of the other, an attorney can help present to the court the disparity in parenting. Court should be a LAST Option, not a first thought. Call me at 407-645-3297 for information on Child Custody (now called Time Sharing) or any other family law matter. Visit my website at www.aubreylaw.com for more information.

What do You do when You don't Know What to do?

When all around you are losing their heads over some perceived emergency without any plan of action, What do You Do? Do you stop and ask directions? Do you sit quietly and wait for the storm to pass, then clean up the mess and plan better to prevent future emergencies? Do you lead the charge, yelling do something to those around you who neither know what needs to be done nor how to go about doing it?
I am one who addresses those emergencies in life with a calm reflection. I have seen the damage done by a hasty response. I have witnessed the exponential increase in stress caused by the "Chicken Little" response of "the sky is falling".
Many years ago, I was the one to notice the sky falling and attempt to warn those around me. Working on the electrical plant of a Nuclear Submarine, I would many times see an emergency arrise on the meters and guages and it was my duty to not only note the changes, but to recommend actions to prevent damage to crucial equipment. Others might jump in before seeing All the indicators, trying to fix the first indications only to compound the real source of the problem. Many times, waiting for the opportune moment to suggest a better course of action means being heard rather than ignored.
In my practice, I see people in some of their worst situations, impending death, Family strife, marital strife, Divorce, etc. Many times alcoholism or drug addiction play a part in destroyed relationships. Other times, simple communication issues cause complete distrust or misunderstanding. An outsider who has witnessed the progression of strife, can see the direction, even if he or she cannot adequately communicate to the parties involved.
Life can be like that. Make a friendly suggestion before the friend recognizes the dire straits, and risk being ignored. Once the magnitude of problem is considered, a timely suggestion means all the difference in the world. Call me at 407-645-3297 or visit my website at www.aubreylaw.com and let me help you recognize the symptoms and solutions to your problems.

Making Sound Decisions

Most people assume that given all relevant information, they will make sound decisions. Many people however, do not know when they have all the relevant information and may consider much irrelevant information in their decision making process.
When considering a contract, You Need An Attorney.
Contracts take many forms and all are considered by the courts to be a law between the parties. Whether the contract is for a Water Purification System in your home, a Home Security Monitoring Agreement, a Child Support or Alimony Agreement, an Insurance Settlement, a Probate Accounting, an agreement for piano lessons, a Timeshare Purchase, a Lease, or the purchase of an appliance with a warranty, You Need An Attorney. The company presenting the contract for your signature no doubt had an attorney look at the document to determine its legality and enforceability. You should also have an attorney review the contract. Most Insurance companies have staffs of attorneys to draft and review settlement agreements. The agreements are presented to the consumer by "Adjusters" who work for the insurance company. You the consumer need an attorney as well.

Making Sound Decisions

Most people assume that given all relevant information they can make the best decision. Knowing what information is relevant can be a tricky proposition. One of my colleagues runs a commercial in the Orlando area wherein she says, if an insurance company sends an adjuster to your home to settle a claim, YOU NEED A LAWYER. The Insurance Company employs Many attorneys, and investigators, (called adjusters) to value your claim. These employees of the insurance company owe loyalty to the company, not to you the consumer. YOU NEED A LAWYER!

When presented with a contract of any kind, whether it be to purchase and install a security system or water softener, to purchase piano lessons for your child, to purchase or lease a home, to settle a matter in court, to divide a business interest, You Need an Attorney!

Even people who have attorneys at their disposal, be they family members, close personal friends, or even retained attorneys, may be reluctant to call and ask the important questions, primarily, WHAT INFORMATION IS RELEVANT TO MAKING THIS DECISION?

Sometimes important information to one party in a transaction is not important at all to the other party. Many times, irrelevant information is presented as a reason for the decision to go a certain way. These negotiation tactics harm the consumer if the consumer is unaware. An Attorney, working for you, can help make the best decision by ensuring all RELEVANT information is considered, and all Irrelevant information is ignored.

If you owed money, you would pay it. If you are owed money, you should receive it. Sometimes the question of who owes money to whom can be more complex than one piece of paper would indicate.

What does the Law Require?

Many questions to attorneys ask, "What is required by Law" in a given situation. To begin to answer this question, contact an attorney, www.aubreylaw.com or www.lawyers.com/duckerlaw or www.FloridaGuardianAttorney.com
Sometimes the Law requires less than our own Morality might believe is due. Other times, the Law may require significantly More than we truly believe is due and oweing.

One example can be found in Credit Card Interest Rates. We borrow money and expect to pay interest until the debt is extinguished. What we do not expect is that our creditor, be it Visa, MasterCard, AmericanExpress or Discover, will work to collect every dollar possible under the contract.



We all know we will owe interest, perhaps even cash advance fees; however, what if the Credit Company lowers our "Available Credit" to a point below our current "Outstanding Credit"? Then Overlimit fees apply. If the Minimum Payment is not made we expect to pay a penalty; however, when the Lowered Available Credit causes an Overbalance condition with additional fees, and the Required Minimum Payment is increased by the Total Amount Over Limit, what was once a $150 or $250 payment is suddenly and UNEXPECTEDLY a Minimum Payment Due of $765 or worse. Additionally, the $39 overlimit fees along with the increased Interest Rate due to being Overlimit (usually a jump in interest of 10% to 25%) make the Credit Card Company a SIGNIFICANT REVENUE SOURCE. Why do you think the credit companies extend credit and solicit new credit even when people are making minimum payments?



All this as an example of What Does the Law Require. A new law gives consumers significantly more protection from the "legal" overreaching by credit companies. You can get more information at the following websites:

http://www.creditcards.com/credit-card-news/obama-signs-credit-card-law-1282.php

http://www.dailyfinance.com/2009/08/20/new-credit-card-laws/

http://www.creditcards.com/credit-card-news/credit-card-act-takes-effect-1282.php



The 8 Major Benefits of the new Law can be found here: http://www.bankrate.com/finance/credit-cards/8-major-benefits-of-new-credit-card-law-1.aspx



The real key is to Know What the Law Requires, and don't allow Fear or Intimidation to force you to do what the Law does not or cannot require.

How to Be a Good Parent

In court today, Judge Munyon ( Ninth Circuit, Orange County, Domestic) noted that Good Parents are on time to pick up their children. This got me thinking, what other qualities do Good Parents Share?
1. GP's Cooperate for their children. They work together, recognizing that Children need Stability.
2. GP's NEVER Disparage the other Parent. Parents should Never disparage, or allow to be disparaged, the other parent, in the child's presence. Not speaking ill of the other parent is a good idea for avoiding divorce, as well as dealing in and after divorce. Speaking ill of another says more about the speaker than the target.
3. GP's Cooperate With Their Children. Work with your children to show them Why. Why do I have to clean my room? Because I want it clean. Because I said so. Because . . . how about because a clean room helps you get ready in the morning, helps you find your toys when you want to play, helps you be healthier (use a vacuum to show all the dirt and grime that stays on the floor of even a clean room - how much more filth in a messy room). Answering the Why's in life helps children understand the world around them much more than "Just do as you're told" ever helps them get along in life.
4. GP's give their children time, in quality. I hear people say, "its quality not quantity that counts" but I disagree. A Quantity of Quality time makes good parents out of children.
5. GP's provide for their children. Not because a court order says to provide child support, but because good parents provide for their children. So many college graduates tell of parents working two jobs to send them to school. That Schooling and example lead to a life of Working to better deserve the Good Parents.
6. GP's Always let their children know they are Wanted and Loved. Even when the children are bad, don't eat their veggies, don't share their toys, etc. Good Parents know the difference between Loving Children and approving actions. GP's do this by example. GP's treat others the same way they teach their children to treat others. Teaching by Example that Lying is bad, Sharing is Good, Work is Good, Language is important, Doing what you say is more important that saying too much.

More on Support - this time for the ladies

Here are 7 things every girl should know before having sex, or the resulting kids.
1. Your First Responsibility is to Your Child. No matter how sweet, supportive, loving, cute, etc. the boy is, he will NEVER carry the child 9 months awaiting its arrival.
2. NO form of birth control is 100% effective. The "Virgin Mary" practiced Abstinance and we see how that turned out. (insert laughter here)
3. You are legally responsible for the child, even if you didn't want to have a baby. It doesn't matter that you used birth control, or that you wanted to give the child up for adoption.
4. Child Support includes more than money. It includes emotional support, love, food, shelter, clothing, education, TIME, attention . . . even when you don't feel like it. Even when you are tired, sick, busy . . .
5. A child ties you to the father for life. Not only the 18 years to raise the child, but weddings, funerals, etc. for life.
6. The Father is responsible for child support once the child is born, not matter what your agreements. He is responsible to assist you with medical care before the child is born as well.
7. The Florida Department of Revenue's Child Support Enforcement Program can help. They can: locate noncustodial parents; determine paternity; obtain orders for support through the court system; enforce, collect and distribute support payments to the custodial parent.

An attorney may also assist in these areas. Call me or visit my website at http://www.aubreylaw.com/ if you have any questions.

Raising a child is difficult under the best circumstances. Do not make it even harder by ignoring real issues or avoiding conflict in an attempt to make someone else happy. Your First Responsibility is to your Child.