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A voluntary form for filing a report with law enforcement and disputes with credit reporting agencies and creditors about identity theft-related problems. Visit ftc.gov/idtheft to use a secure online version that you can print for your records.
Identity theft is when someone uses your personal information without your permission to obtain goods, services, or money. Your personal information includes: your name, address, social security number, credit card numbers, bank account numbers, mother’s maiden name, or other identifying information. Identity theft is a crime. Idaho Code 18-3126 governs identity theft and states that if the value of loss due to identity theft exceeds $300, then the theft is considered a felony. The punishment for felony identity theft is 5 years in prison and / or a $50,000 fine.
Identity theft is a serious and rapidly growing problem. In 2004 the Federal Trade Commission received 600 identity theft complaints from Idaho victims. This is up from 493 victims in 2003 and 361 victims in 2002. Credit card theft was the number one identity theft type reported by Idaho victims. Fortunately, there are steps you can take to reduce your risk of becoming a victim. You can protect yourself by understanding how identity theft is perpetrated, by understanding your rights and by making informed and intelligent decisions.
Corporations and partnerships must have an attorney to file a bankruptcy case. Individuals, however, may represent themselves in bankruptcy court. While individuals can file a bankruptcy case without an attorney or "pro se," it is extremely difficult to do it successfully...
What is a garnishment? A garnishment is basically a legal collections tool where a creditor obtains a court order compelling an employer to withhold a portion of an employee’s wages. The amount that can be withheld is capped at 25%, however, the percentage may vary depending on the state issuing the garnishment and the type of debt. The cap applies to all creditors, meaning 25% is the most that can be withheld at any one time. Garnishments, however, are not limited to wages and can involve one time garnishment of bank accounts or personal property.
Student loans are difficult, but not impossible, to discharge in bankruptcy. To do so, you must show that payment of the debt “will impose an undue hardship on you and your dependents.”
Employers are not permitted to take adverse action against their employees who file for bankruptcy. Debtors are protected by 11 U.S.C. sec. 525(b). Section A applies to governmental units and Section B applies to private employers. In all my years of practice, I have never had to bring an action or even threaten to bring an action under Section 525. Most employers understand the stress their employees are under and are not insensitive to their plight. More people have filed for bankruptcy than you think...
A common question is whether or not a debtor can keep a credit card after filing for bankruptcy protection and do I have to list the cards I want to keep. If you owe a balance at the time the bankruptcy petition is filed, you must list the debt. This applies regardless of the amount of the debt. If you are worried that you cannot live without a credit card there are a few options. A credit card with a zero balance does not need to be listed and can be used after you file the bankruptcy petition. If you have a card with a low balance, you should pay it off before filing for bankruptcy.
It is not wise to try to keep a credit card when you file for bankruptcy , and always, always tell your attorney about all of your debt, including all of your credit cards...
It is not unusual for debtors, specifically married debtors who file for bankruptcy protection separately, to co-own property. If you co-own property and intend to file for bankruptcy, you need to be aware that the trustee has the authority to force a sale of the entire asset including the co-owner(s) interest...
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