What steps should a victim of identity theft take to deal with fraudulent debts in California?
To resolve fraudulent debts from identity theft in California, you must file official reports and then use those reports to formally demand that creditors and credit bureaus remove the fraudulent information.
Here are the steps to take to deal with fraudulent debts:
Step 1: File a Police Report
Contact your local police or sheriff’s department to file an identity theft report. Be as detailed as possible. Get a copy of the completed, signed police report; this document is legally required for many of the subsequent steps.
Step 2: Report the Theft to the FTC
Go to the Federal Trade Commission's website, IdentityTheft.gov. Follow the prompts to create an official FTC Identity Theft Report and a personalized recovery plan. This report is a critical tool that provides you with more rights.
Step 3: Notify the Credit Bureaus
Contact the fraud departments of the three major credit bureaus (Equifax, Experian, and TransUnion). Request that they place a fraud alert on your file. For stronger protection, you should also request a credit freeze, which restricts access to your credit report.
Step 4: Dispute Debts with Creditors and Debt Collectors
Send a dispute letter via certified mail to the fraud department of each business where a fraudulent account was opened. Include a copy of your police report and your FTC Identity Theft Report. Under California Penal Code Section 530.8, creditors must provide you with records of the fraudulent transaction upon receiving your police report.
Step 5: Block Fraudulent Information From Your Credit Report
Send a letter to each credit bureau requesting to block the fraudulent items. Under California Civil Code Section 1785.16, you must include a copy of your police report, proof of your identity, and a list of the fraudulent items. The credit bureau must block the information, usually within 30 days of receiving your request.
Important details and nuances:
Keep detailed records of every phone call, letter, and email. Note the date, the person you spoke with, and what was discussed. Send all important correspondence by certified mail with a return receipt requested. In severe cases where the identity theft resulted in your being charged with a crime, you can file a Petition for a Determination of Factual Innocence with the court under California Penal Code Section 530.6 to clear your name.
Warnings and limitations:
Resolving identity theft is a marathon, not a sprint. Be prepared to be persistent and follow up frequently. Debt collectors may continue to contact you, but you can send them a letter demanding they stop communication while you resolve the fraud.
This is general information and does not constitute legal advice. For complex situations, especially if you are being sued for a fraudulent debt or were wrongly arrested, consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
Views: 35
Updated: August 14, 2025
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