What Is an Identity Theft Affidavit?

What Is an Identity Theft Affidavit?

A victim of identity theft can complete an identity theft affidavit to simplify the process of reporting fraudulent accounts that an identity thief created.

An identity theft affidavit allows a victim to report identity theft fraud using one standard form from the Federal Trade Commission (FTC) rather than a different form from each organization being notified. Information contained in an identity theft affidavit enables creditors, crediting report agencies and other organizations to investigate a consumer's identity fraud claim.

The IRS requires identity theft victims to fill out a special IRS affidavit.

You don't need to file a police report in order to submit an identity theft affidavit, but it may be a good idea to do both if you're a victim of identity theft.

Learn more >> How to Report Identity Theft

Where Can I Get an Identity Theft Affidavit Form?

Places where you can get an identity theft affidavit form include:

• The FTC: The FTC's IdentityTheft.gov site allows you to create an identity theft affidavit and also get a recovery plan.
• The IRS: Fill out IRS Form 14039 if an identity thief used your Social Security number or individual taxpayer identity number to commit tax fraud.
• Your attorney general: Some state attorneys general offices have specific forms for you to fill out.

What Information Do I Need to File an Identity Theft Affidavit?

Here's the information you'll need to file an identity theft affidavit with the FTC.

Personal Information

This information helps to match your identity with any potential fraudulent accounts or other items that may pop up following identity theft. Personal information you'll need to supply on the affidavit includes:

• Social Security number
• Address
• Contact information
• Driver's license number or information from another government-issued ID

Fraud Details

The details you'll need to provide on the affidavit include:

• Whether any personal information in your credit report is incorrect due to identity fraud
• Whether any new accounts or inquiries were listed in your credit reports due to identity fraud
• Specifics about fraudulently opened accounts
• Specifics about accounts that have been tampered with due to identity fraud

Declaration

You will need to attest to certain items that verify you did not authorize any of the action resulting from your identity theft. Declarations you'll need make on the affidavit include:

• Whether you authorized anyone to use your information
• Whether you benefited from the fraud
• Whether you're willing to cooperate with law enforcement if criminal charges are filed against someone who stole your identity

Do I Need an Identity Theft Affidavit to Report Fraud on One of My Accounts?

You typically don't need an identity theft affidavit to report identity fraud. You may choose to contact companies such as your bank and credit card issuers yourself, and you also have the right to dispute credit report information if you find what you believe to be fraudulent accounts or information on your reports. However, some organizations might require an affidavit in order to launch a fraud investigation.

Each organization, such as a creditor or credit reporting agency, has its own rules about reporting identity theft or fraud. Make sure you understand these rules before diving too deeply into the affidavit process. For example, some organizations might want you to submit a police report along with a notarized affidavit. Others, however, might not ask for extra documentation.

If you don't end up filing an affidavit or a police report, it's vital to notify creditors, such as credit card companies, if you spot any suspicious activity on one of your accounts.

Learn more >> Warning Signs of Identity Theft

Can I Use the FTC's Identity Theft Affidavit to Report Tax Fraud?

If an identity thief used your stolen information to commit tax fraud, you should file IRS Form 14039 with the federal tax agency. You can submit Form 14039 online to the IRS or the FTC. A completed Form 14039 can also be printed and then mailed to the IRS.

How to Prevent Identity Theft

Steps you can take to prevent identity theft include:

1. Safely store sensitive information. Regardless of whether the information is online, on a computer or on paper, be cautious about how and where you store it. For instance, your Social Security card should be stashed in a safe spot at home.
2. Be careful what you carry. Unless you absolutely need them for a certain reason, don't regularly carry your Social Security card or Medicare card. These should be stored at home in a locked, fireproof box or safe. It's also a good idea to keep most of your credit cards at home, except for the ones you use regularly.
3. Guard your data. Supply personal or financial information over the phone, by email or online only if you initiated the exchange of information and you know who requested it.
4. Limit your use of cards online. Try to stick with just one credit card for online transactions. This cuts down on the number of credit card numbers that are floating around on the internet and makes any fraud easier to spot.
5. Shred financial documents. Use a shredder to safely get rid of documents such as purchase receipts, bank statements and credit card offers.
6. Use strong passwords. For each online account, use a different, hard-to-guess password, and closely guard each password.
7. Monitor your credit reports. Regularly check your credit reports from the three national credit reporting agencies (Experian, TransUnion and Equifax) to see whether any unusual activity has popped up, such as new accounts that were opened without your authorization.

Learn more >> How to Protect Yourself From Identity Theft

The Bottom Line

Americans lose billions of dollars each year due to identity theft. If you've been the victim of identity theft, consider submitting an FTC identity theft affidavit to ease the process of reporting identity fraud, disputing fraudulently created accounts and debts, and perhaps even nabbing the fraudster. For peace of mind, look into signing up for identity theft protection services from Experian.