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Archive for November, 2011

Identity theft is a real issue today, and it’s no good thinking this only happens to other people either. You can easily become a victim online by using a computer or mobile device. There is a term called spyware, which if ignored, can collect all sorts of personal information about you and your financial details. It is not called spyware for nothing!

When identity theft happens to you, the effects can be both financially and psychologically devastating. If you’ve been a victim of identity theft and have had your credit damaged as a result, don’t worry — there are steps you can take to get your good credit back. The process can be slow, though, so get ready to be patient.

The first thing to do is assess the damage done. Review your credit card statements and other relevant documents to check for suspicious activity. Also get a copy of your credit report from the bureaus that issue credit reports. You should be able to get these reports for free if you contact each agency to request that a fraud alert be placed on your record. The fraud alert will also make it so that anyone trying to open a credit account in your name has to go through extra identity verification steps.

Once you receive your credit reports, review them thoroughly for activity caused by the identity thief, and mark any inaccurate items, like new accounts opened in your name. To fix these items, it helps to have the documentation showing how the items are wrong. One helpful document is a copy of the official police report dealing with your identity theft. If you haven’t reported the crime to the police, either your local police, or the police in the area where you believe your identity was compromised, do so now.

Next, contact the fraud departments of any lenders who issued credit to the identity thief. Ask each lender, in writing, to send you a fraud packet. This will help you submit a claim for investigation of false charges. When your claim is processed and approved, you’ll receive a notification. The affected lenders should also contact the credit reporting bureaus to have fraudulent charges removed from your credit history.

If you still end up with inaccurate items on your credit report, you’ll need to write letters of dispute for each individual item. File each dispute separately — otherwise, there’s a higher risk of the agencies missing something or dismissing your disputes. If you’re disputing many items, it can be helpful to write a template letter that you can customize with the details of each one. Don’t just download a template from the Internet, though. Write your own, briefly explaining the situation. There’s no need to go into extreme detail, as the credit bureaus will do their own investigation to find out the details. With each letter of dispute, attach a copy of your current, inaccurate credit report, and include copies of any documents that support your dispute.

Keep a paper trail. Only send out copies of documents, not originals. Keep records of all documentation you send out or receive, including e-mails. Write down the relevant details, including the date and time and who you spoke to, of every conversation you have with any agency or lender in regards to this issue. Also send all your documents by certified mail with a return receipt request, so you have proof that they were sent and delivered. Keep all your records together so you can find them if you need to.

It is a good idea to use a simple shorthand note book to keep a log of all of your dealings with the various companies you contact. You do not need to record every single word, but I suggest you record the date, time of call, telephone number and extension, name of the person you speak to and of course, notes about the content of the call.

Repairing credit damaged by identity theft can take lots of energy and time, but it’s important to take back your financial health and to reclaim your life after being the victim of such a crime. Diligently following the steps above and being firm about your rights will help you recover as quickly as you can.

Finally, whether or not you are a victim of identity theft, make sure you find a really good spyware detection tool to make sure that you close any open windows to your personal details.

Remember that AN OUNCE OF PREVENTION IS WORTH A POUND OF CURE! As over used as this saying is, it couldn’t be more appropriate here.

When it comes to hiring a criminal attorney, the average defendant doesn’t know exactly what he or she should be looking for. Often, it simply comes down to a recommendation or an ad in the yellow pages. While there is nothing wrong with these methods, you should make sure you get what you’re paying for. Hiring a defense lawyer is about much more than simply having someone to file paperwork. There is a minimum standard you should expect from your lawyer. If he isn’t giving it to you, think about finding someone else.

Protecting Your Rights

One of the most important roles of the criminal attorney is protecting the rights of his client. The justice system would not function were it not for these rights, which are inalienable. If they have been trampled, it is up to your lawyer to bring this to light, whether it be to the jail, the judge, or before the jury.

Evidence

A criminal attorney should spend an appropriate amount of time reviewing the evidence given over to the defense during discovery and finding ways to combat this evidence in court. He should also become an investigator in his own right, looking for exculpatory evidence and witnesses who will testify on your behalf.

Negotiation

Not all charges result in a trial. Depending on your wishes and the amount of evidence stacked against you, it may very well be in your best interests to negotiate a plea deal. Prosecutors are typically happy to work something out, saving them the time, cost, and risk of a trial. If you have a lawyer who knows how to negotiate, you’ll get a much better deal.

Interviewing

Too many lawyers go into court cold. This means they don’t do any pre-interviewing of the witnesses. Some don’t even bother to run over testimony with their own witnesses. This is a disaster waiting to happen, and it often makes the defense look ill prepared in front of the jury. If you notice that your criminal attorney isn’t conducting any interviews, you could be in for a letdown.

Naturally, it’s impossible to list all of the things you should expect out of a good criminal attorney, but this is a good starting point. Perhaps more than anything else, you should expect your lawyer to believe in you and be willing to do anything within the realm of the law to get you the best possible outcome. If you get the feeling that this isn’t the case, you might want to switch representation before it’s too late.