It is generally a good idea for all victims of coerced debt to file a police report. Like the Identity Theft Form, filling out a police report also lets you dispute a debt. You should bring along information to identify the specific coerced debts as part of the police report.
If you filled out an Identity Theft Form, it is helpful to bring it with you when you file the police report. If you filled out the Form online, a copy will be emailed to you that you can print out and take with you.
The police officer who is making a report can use your Identity Theft Affidavit as the basis of their report. The police officer taking your report can also sign your Identity Theft Affidavit.
When you go to the police station, it is a good idea to bring a copy of:
- Article 2.29 of the Texas Code of Criminal Procedure, which says that a victim of identity theft has the right to file a police report for identity theft, and
- Section 32.51 of the Texas Penal Code, which defines the crime of identity theft.
This information is included in the first page of Resources for Filing a Police Report for Identity Theft. You can bring that page to police departments as a resource when you are filing your report. Some police departments may not be familiar with changes in Texas law defining identity theft in the state. Bringing in this form might be helpful for informing police departments about your rights as a victim of identity theft resulting from financial abuse.
Sometimes, if you do not live in a city with its own police department, the law enforcement agency that will have jurisdiction over your case will be your county sheriff’s office. It’s not always obvious which agency is the right one to file the report with. You should first call your city’s police department, if you have one. Call their non-emergency dispatch phone number. Resources for Filing a Police Report for Identity Theft has a list of contact information for city police departments and county sheriff’s offices for the 10 largest cities and counties in Texas.
When you call:
- Explain that you are a victim of identity theft and would like to file a police report.
- Ask which law enforcement agency has jurisdiction over your case.
- If you are not speaking to that agency, ask for that phone number.
- Ask how you should go about filing the police report. Generally, it will be either entirely over phone or in person with a deputy who comes to your house. In some cases, you might be able to file the police report online.
For the purposes of disputing coerced debt, it does not matter if the identity theft report is from a city police department or a county sheriff’s office. Both should serve as acceptable identity theft reports.
When you speak to the police, clearly explain your situation. It is important to be truthful, as filing a false police report is a crime. You should request that an official, written incident report be made that includes a list of all fraudulent accounts. You are entitled to an official copy of the report if you ask for one. It may take 7-10 days for you to get a copy of the report after you file it.
What if I do not want to file a police report?
If you do not want to file a police report, you can fill out either the Identity Theft Form or, if the identity theft involves U.S. mail, you can file an identity theft report with the U.S. Postal Service. These reports might be enough to have your debts blocked by the consumer reporting agencies.
The FTC has said that its Identity Theft Form is an acceptable alternative to a police report.
You can use the U.S. Postal service identity theft report if the identity theft involved the U.S. mail. In the case of coerced debt, some examples where the mail could be involved include your abuser:
—hiding mail from you related to coerced debt; or
—taking mail addressed to you in order to hide debts or bills taken out in your name.
The only way to file an identity theft report with the U.S. Postal Service is using their online form.
Once you’ve entered your information online, you’ll get a confirmation number. Call the U.S. Postal Service’s Consumer Affairs at 210-368-8498. They will access your identity theft report and send you a copy. You can then use your copy of the identity theft report to dispute the debt. See Step 3 and Step 4 in this guide for the next steps to dispute a debt.