What Is an Identity Theft Affidavit?

What Is an Identity Theft Affidavit?

An identity theft affidavit enables you to report a theft incident. It simplifies the process of alerting credit issuers, banks and others when a fraudulent account has been opened or used in your name. The affidavit includes information you provide about yourself and the incident.

To make sure you're not responsible for debt racked up by an identity thief, you must prove to a creditor, bank or other organization that you didn't generate the debt. Some companies accept a standard identity theft form created by the Federal Trade Commission (FTC). Others require additional or different documentation.

Depending on the circumstances, an FTC form may not be the appropriate documentation. For instance, if an identity thief used your Social Security number or individual tax identification number to file a fraudulent tax return, you can fill out the IRS' Form 14039 online or on paper.

Only victims of tax-related identity theft should submit the IRS form, and only if they have not received certain letters from the IRS. In most cases of tax-related identity theft, there's no need to fill out the IRS form.

Learn more: How to Report Identity Theft

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

Most of the time, you won't need an affidavit to report fraud on accounts you already have. Affidavits come into play mainly when you're disputing a new account that was opened in your name without your permission. However, some lenders may still ask for one before they'll open a fraud investigation, as requirements vary by company.

Law enforcement agencies and credit reporting agencies like Experian also accept FTC identity theft affidavits.

Learn more: Warning Signs of Identity Theft

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

To complete an identity theft affidavit, you'll need to provide the following.

Personal Information

• Contact information
• Address
• Social Security number
• The number of your driver's license or state-issued ID

Fraud Details

• New inquiries or accounts related to the fraud that appear in your credit report
• Details of accounts affected by the fraud or opened in your name without consent
• Personal information in your credit report that is incorrect because of the identity theft

Declaration

Statements indicating you whether you:

• Gained benefits from the fraud
• Let someone use your personal data
• Agree to cooperate with law enforcement agencies if fraud charges are filed.

Where Can I Get an Identity Theft Affidavit Form?

You can get an identity theft affidavit from places such as:

• The FTC: The FTC's IdentityTheft.gov site lets you fill out an identity theft affidavit and obtain a plan to recover from the theft.
• 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 offer specific forms you can complete.

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, not the FTC form. You can submit Form 14039 online to the IRS or the FTC. Form 14039 can also be printed and sent to the IRS.

How to Prevent Identity Theft

Here are seven steps you can take to prevent identity theft include:

1. Safely store sensitive data. No matter whether the information is online, on a computer or on paper, be careful about how and where you store it. For example, your Social Security card should be kept in a safe place at home.
2. Take care with what you carry. You should never carry your Social Security card or Medicare card in your purse, wallet or pocket unless you truly need them. Instead, put these cards in a locked fireproof box or safe. In addition, it's wise to leave behind any credit cards that you don't frequently use.
3. Protect your data. Don't give personal or financial data over the phone, by email or online unless you started the information exchange and you know who asked for it.
4. Restrict use of credit cards online. Ideally, you should rely on only one credit card for online transactions. Doing so reduces the odds of your credit card numbers showing up on the internet and makes it easier to detect fraud.
5. Don't toss financial documents in the trash. Use a shredder to dispose of documents such as purchase receipts, bank statements and credit card offers.
6. Set up strong passwords. For each online account, rely on a different, tough-to-figure-out password and avoid sharing passwords.
7. Keep an eye on your credit reports. Regularly obtain your credit reports from the three national credit reporting agencies (Experian, TransUnion and Equifax) to see whether you notice any strange activity, such as new accounts that you didn't open.

Learn more: How to Protect Yourself From Identity Theft

The Bottom Line

An identity theft affidavit helps victims report fraud and exercise their right to dispute fraudulently opened accounts, but it's generally needed only for new accounts, not existing ones. Victims can get an affidavit from the Federal Trade Commission, IRS or sometimes their state attorney general. Regularly checking your free credit report from Experian, which is updated daily, can help catch fraud early.