✔ Other Important Actions and Tips
• You may need to consult a qualified attorney
Every business identity theft case is different. Your case may may be relatively simple, or it may involve multiple states, locations, or even countries; multiple creditors or financial institutions; multiple state and federal government agencies; and many complex legal issues. With so much at stake, it is important to understand and protect your business' and your own personal legal rights. If your case is complex, you or your business are facing substantial losses, aggressive creditors, lawsuits, or criminal actions, or you simply want to make certain that your legal rights are protected, you should consider consulting with a qualified attorney.
• Be organized and keep accurate and detailed records
Document all of your contacts with each organization, and take careful notes of each conversation. Capture the date and time, name and title of the person you spoke with, their department, telephone number and direct extension, and employee number (if applicable). You may also consider sending a written summary confirmation of your telephone conversation, including what was discussed, what actions are expected, timeframes, etc. Keep all of your notes and related documents organized and in a safe place.
• Follow up promptly and frequently
Ensure that the organizations have received all of the information they have requested, and that any actions that were supposed to be taken have been completed (by both the organization and yourself). Do not rely on verbal promises of action. Be cognizant of dates and deadlines - your rights and liability protections can be negatively impacted by missed deadlines.
• Send all correspondence via Certified Mail with return receipt requested
Certified mail with return receipt provides you an official record that your correspondence was received, when it was received, and the name of the person at the organization who signed for it. Send photocopies only - never send your original documents.
• Obtain a Letter of Clearance and keep all of your records
Each time an account or fraudulent transaction(s) has been resolved, and you and your business have been absolved of the debt, request a letter of clearance from the organization to formally document this fact, in writing. Without it, you may find yourself fighting the battle again in the future if the organization is acquired by another company or sells its debt, or through old-fashioned human error. Don't throw your notes and records away - keep them in a safe place because you may need them again.
Disclaimer: Nothing contained in this guide is intended, nor should it be construed, as legal advice. You are advised to consult with a licensed and qualified attorney and/or financial advisor for questions regarding your legal rights, responsibilities, and recourse.
1 Uniform Commercial Code Article 3 (Negotiable Instruments), Article 4 (Bank Deposits), and Article 4A (Funds Transfer)
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