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ITRC Fact Sheet 106
Organizing Your Identity Theft Case 

This guide discusses the sets of documents that each victim is recommended to keep:

Identity theft cases can become very complex. You may be dealing with multiple jurisdictions. There may be numerous instances of unauthorized and fraudulent use of your identity. You may have had more conversations about your case than you can keep track of in your head. In order to become an effective, strong advocate for your case, it is vital to impose a form of organization on your case from the first day.

OFFICIAL CASE LOG:

This is a chronological and detailed journal of events which is best kept in a bound booklet, ledger-type book or electronic document.

RESTITUTIONAL ITEMS:

The items below will become the basis of your request for restitution, but you have the burden of proving these costs occurred. The judge has the right to refuse anything he/she deems unreasonable. Keep in mind restitution is the court’s effort to make you financially whole by recovering legitimate expenses. Punitive damages are not recoverable via restitution.

COURT NOTES:

If possible, we recommend you attend all court hearings from the Arraignment on. Take notes. Who was the judge? Who was the DA that day? What was said by the DA, the defense attorney, the defendant, and the judge? When is the next court date? What will occur then? Ask questions of the DA after your case is heard if you aren’t certain about what happened or what will happen next. See ITRC Fact Sheet FS 109 - The Court Experience for guidelines on what might occur.

From one victim: “ During the sentencing phase of my case, I noted that the imposter was prohibited from collecting personal data from any persons unless she provided to them a written notice that she was a convicted felon of false personation. Just before the review hearing, the police did a search of her home. They found more unauthorized employee applications plus more information about me. When I was questioned by the police about this, I reminded them of this probation requirement. The probation summary didn’t note it, so the judge ordered a copy of the sentencing transcript. The imposter ended up serving jail time for probation violations --- because I did my homework and had taken good notes”.

PERSONAL JOURNAL

Some people need to vent, to write down their frustrations, emotions, and fears. Write down your suspicions and emotional outbursts in a separate journal from the official log of the case. As your case goes on, you will forget these small details unless they are documented. Do not show this to any other person except your own attorney should you decide to proceed with a civil case (family court actions, punitive damages, etc.). This notebook is for you and you alone.

NOTEBOOK ITEMS:

We advise that you file away all papers as soon as you receive them.

SUMMARY:

As victims of identity theft, we are often left on our own, without a guide through the maze of reestablishing our good credit and name. The ITRC is here to help. Please contact us with your questions.

 

This fact sheet should not be used in lieu of legal advice. Any requests to reproduce this material, other than by individual victims for their own use, should be directed to This email address is being protected from spambots. You need JavaScript enabled to view it.