What Is The Affidavit of Identity Theft?
By Tiffany V.
Published on 08/09/2023
KEY TAKEAWAYS
- Affidavits formally prove unauthorized accounts/purchases weren't yours
- Reporting identity theft provides a pre-filled affidavit for disputing fraud
- Notarization gives the affidavit legal validity to quickly fix credit issues
Getting your identity stolen can ruin your finances.
If a criminal opens fraudulent accounts in your name, you'll need an identity theft affidavit to prove your innocence.
But why are affidavits required in cases of identity fraud? And how do you obtain one?
This blog explains what victims of identity theft need to know.
1. What Is IRS Form 14039?
The IRS Identity theft form is for victims who endured tax-related identity theft
(For example: someone stole their Social Security Number (SSN) to file fraudulent tax returns).
If you or someone believes your finances are being used fraudulently, this is the form that should be filled out.
What does the process consist of?
When the identity theft affidavit form is submitted, the IRS reviews and processes it.
In most scenarios, taxpayers don't have to fill this out.
((Note: If you receive a letter (such as Letter 5071C or Letter 4883C), follow the instructions on the letter instead of filling out Form 14039 for the IRS)).
What are the signs of identity theft?
- Duplicate tax return stopping you from e-filing (your SSN was used).
- Dependent's SSN or ITIN stops you from e-filing (your SSN or ITIN was used without you knowing).
- If you receive a tax transcript in the mail unexpectedly.
- Receiving confirmation from tax software stating that an online account was created in your name (that you didn't create).
2. What Is FTC Identity Theft Affidavit?
The Federal Trade Commission (FTC) Identity theft affidavit is for victims of identity theft who are not related to tax-related fraudulent activity (This is a more general affidavit of identity form).
This can relate to any account that was opened in your name without your action.
What does the process consist of?
The FTC form process is easy. All you do is fill out the Federal Trade Commission form online whenever you are aware that you are a victim.
2. Keep Your Information Safe
You can check your credit report on sites like Experian, Equifax, and TransUnion. Being vigilant and placing a fraud alert can help you catch fraud early.
An affidavit proves that the account is fraudulent, allowing for its quick removal from your credit history.
3. Getting Your Identity Theft Affidavit
To obtain an affidavit, first report the identity theft with the FTC (Federal Trade Commission) at IdentityTheft.gov → This can also be done through the IRS.
They provide a recovery plan with a pre-filled affidavit in your official report.
Some banks have their own forms for legal statements, so make sure to use their specific version when reporting fraud.
4. Why Notarizing Your ID Theft Affidavit is Vital
Affidavits alone have no legal weight under federal law.
Notarization gives them validity with creditors.
Companies can disregard affidavits without it, and they may not correct disputed accounts.
Notarization legally verifies your claims, enabling fast resolution of issues.
5. Notarize Your Affidavit of Identity Theft Form with NotaryLive
At NotaryLive, our notaries can quickly notarize your affidavit.
With online notarization, we easily get documents notarized from home. Contact us and we'll verify your affidavit and assist with recovering from ID theft and fraud. Our notaries are ready when you need us.
Sign and notarize your documents in 4 easy steps:
Click the button below to get started,
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FAQ For Identity Theft Affidavit Form
- How do I get IRS Form 14039?
- You can get Form 14039 through the IRS website. If you received Letter 4883C or Letter 5071C, you may not have to fill out Form 14039.
- What is Form 2848 for identity theft?
- Form 2484 is not for identity theft; this form is to give someone the power to represent you with the IRS. Form 14039 is the form for identity theft.
- What is the FTC rule for identity theft?
- The Federal Trade Commission (FTC) helps identity theft victims and offers steps to follow when you experience fraudulent activity.
- How can I get my IP PIN from the IRS online?
- To get an Identity Protection Personal Identification Number (IP PIN) from the IRS, sign up for the IP PIN program on their website.
**Legal Disclaimer - We are not lawyers or attorneys and do not give any legal advice. Please check with your attorneys, advisors, or document recipients if you have any unanswered questions about your documents.
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Updated Date: 12/21/2024