LVNV offered me an Identity Theft Affidavit. Should I do it?

[duck1098]

I told them that I do not know for sure if this account was even mine but I will settle it if he deletes. He said he cant do that but if I fill out an Identity Theft Affidavit they will remove it. Is this a good idea?

 

[racecar]

Fill out the Identity Theft Affidavit and get a police report.

The police give you a case number.

Send the originals to LVNV and make a copy for yourself.

Create an Identity Theft Report | Consumer Information I would use this one not one from LVNV

[willingtocope]

NOTE:  An affavadit requires you to state that to the best of your knowledge, you have been the victum of identity theft.  If you're using this to get out of paying a debt you know to be yours...be careful.

[duck1098]

Fill out the Identity Theft Affidavit and get a police report.

The police give you a case number.

Send the originals to LVNV and make a copy for yourself.

Create an Identity Theft Report | Consumer Information I would use this one not one from LVNV

Thanks. But why would I need a police report?It has been about 3 years since it was closed.

He just said he needs the affidavit. And why use the one from FTC instead of theirs?

[duck1098]

I offered to settle for deletion and they refused. I have to get a house one way or another.

[CG in TX]

NOTE:  An affavadit requires you to state that to the best of your knowledge, you have been the victum of identity theft.  If you're using this to get out of paying a debt you know to be yours...be careful.

This.  If you have, in fact, been the victim of identity theft, that's one thing.  If you haven't, probably not a good idea to filkl out this affidavit.

[Torden]

Unless you are reasonably sure you are the victim of identity theft, you should not state that you are, and most definitely not sign a document to that effect.  What I would be doing is telling LVNV that I need to do "criminal investigation" of this for the possibility of identity theft, and that THEY (LVNV) need to provide me with a notarized copy of all the evidence they have that it is not identity theft, and that failure to do so could be treated as intentional interference of the investigation.

 

Can you post a copy of their affidavit form so we can see literally what they want to get out of you?  Normally, nothing should be put on such a form that would give them new information they do not already have.

 

I'd also ask them if they want to switch all communications of this matter to "in writing".  If they don't, I'd then tell them that since they prefer telephone communications, I will therefore READ ALOUD the information placed in the affidavit according to their wishes to have communications by telephone.  "Oh, you want me to send this by mail? ... I want you to send ALL communications by mail".

[admin]

You can always state "to the best of my recollection, I don't recall this account".

[duck1098]

IDENTITY THEFT AFFIDAVIT
(1) My full legal name is:
______________________________________________________________________
(First) (Middle) (Last) (Jr., Sr., III) –Please Print
2. When the events described in this affidavit took place, I was known as:
______________________________________________________________________
(First) (Middle) (Last) (Jr., Sr., III)
(3) My date of birth is ________________________________ (day/month/year)
(4) My Social Security number is________________________________
(5) My driver’s license or identification card state and number are:
Number____________________________
State_______________________________
(6) My current address is:
_________________________________________
City ______________________________________ State _________________
Zip Code ______________.
(7)I have lived at this address since ____________________ (month/year)
(8)(If different from above) When the events described in this affidavit took place, my address was:
________________________________________________________________________City ________________________________________ State _________________
Zip Code ______________
(9)I lived at the address in Item 8 from _________________________ until ________________________
(10)My daytime telephone number is (__________)____________________________
My evening telephone number is (__________)____________________________
(11) I am submitting this Identity theft affidavit in connection with the following account(s):
• Creditor Name: _______________________
• Creditor Account Number: __________________________
• Account Number: _______________
• Other Information:___________________________________
• Creditor Name: _______________________
• Creditor Account Number: __________________________
• Account Number: _______________
• Other Information:___________________________________
How the Fraud Occurred. Check and/or fill out all that apply for items 12 - 18:
(12) I did not authorize anyone to use my name or personal information to seek the money, credit, loans, goods or services described in this report.
(13) I did not receive any benefit, money, goods or services as a result of the events described in this report.
(14) My identification documents (for example, credit cards; birth certificate; driver’s license; Social Security card; etc.) were stolen or about _________________. (day/month/year).
(15) To the best of my knowledge and belief, the following person(s) used my information(for example, my name, address, date of birth, existing account numbers, Social Security number, mother’s maiden name, etc.) or identification documents to get money, credit, loans, goods or services without my knowledge or authorization:
Name(s)(if known)_______________________________________
Address (if known)_______________________________________
Phone number(s) (if known)_______________________________________
Additional information (if known)_______________________________________
or
(16) I do NOT know who used my information or identification documents to get money, credit, loans, goods or services without my knowledge or authorization.
(17) I have not reported the events described in this affidavit to the police or other law enforcement agency.
(18) I have reported the events described in this affidavit to the police or other law enforcement agency. PLEASE ATTACH COPY OF REPORT.
_____________________________________________________________________________
I herby certify that, to the best of my knowledge and belief, all the information on and attached to this affidavit is true, correct, and complete and made in good faith.
I certify under the penalty of perjury that the representations made in this Identity Theft Affidavit are true, correct, and contain no material omissions of fact.
__________________________________
Printed Name
__________________________________
Signature
__________________
Dated
____________________________
Notary Seal
____________________________
Notary Signature

[Torden]

Give them information you know that they already have.  Don't give them info if you do not believe they already have it (like DL).  Do not give any telephone numbers you have never been called at or do not want to be called at.  if they have not given you the account open date, then you have no means to provide information other than what is current today.  But if they have given you an account open date, then it is OK to provide information that was yours at that date, if it is stuff they have about you for today.

[admin]

I've changed my mind.  I wouldn't fill this out if the debt is yours.  

[paulieinil]

i agree with CG IN TX,sounds like LVNV won't delete unless it's ID THEFT,and by reading the OP'S posts it's not.do not fill that out.

[duck1098]

I've added "To the best of my knowledge" in the begging of 12 and 13. In case it is an old account that I dont remember. We'll see how it works out.

[admin]

I've added "To the best of my knowledge" in the begging of 12 and 13. In case it is an old account that I dont remember. We'll see how it works out.

okie dokie!

[paulieinil]

in line 4 you state

thanks.why would i need a police report?it's been about three years since it was closed.

since what was closed?tread carefully as again sounds like you know more about this than you are letting on.if i'm wrong sorry,but filling that out opens up alot of trouble if it wasn't ID THEFT.

[duck1098]

in line 4 you state

thanks.why would i need a police report?it's been about three years since it was closed.

since what was closed?tread carefully as again sounds like you know more about this than you are letting on.if i'm wrong sorry,but filling that out opens up alot of trouble if it wasn't ID THEFT.

No I'm just going by what my credit report shows.

[BTO429]

This nothing more than a ploy to get all of your personal information. Once you give them all your information they will not have to ask for it if they sue you.

 

First of all exactly how old is this alleged debt?

[Torden]

No I'm just going by what my credit report shows.

 

Some information can be obtained and used base on how a collector collects, and from a credit report.

 

For example, a JDB has a debt they claim I owe, from a creditor I've never done business with.  I know it's past SOL because the JDB sued me for it, then withdrew after I demanded various info including proof of ownership and the original contract, in 2006.  We have 5 year SOL here and they still try to collect about once or twice a year (not sending C&D so I can keep track of them).  So I know it is past SOL without even knowing the default date.  In theory, "not mine" should prevail.  But SOL can be convenient.

[BTO429]

Anything you tell a debt collector wil be used against you in any way they see fit.

[admin]

Anything you tell a debt collector wil be used against you in any way they see fit.

If it's not in writing and/or they are not recording phone calls, no way to prove what you told them.  

[Torden]

I bet lots of them are recording phone calls.  It's cheap and easy to do by computer.

[WhoCares1000]

I hope they are following the various state laws in recording notification. Funny how those recordings also seem to "disappear" when you request them in discovery for a FDCPA violation case.

[admin]

I hope they are following the various state laws in recording notification. Funny how those recordings also seem to "disappear" when you request them in discovery for a FDCPA violation case.

@WhoCares1000 - true.  I can't think of a single case where the tapes of calls were played.  

[BTO429]

If it's not in writing and/or they are not recording phone calls, no way to prove what you told them.  

I am not talking about just in a court, they will use information you give them to determine whether to sue you.

[BTO429]

I do not know of any cases where those tapes were even asked for in discovery.