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  1. #1
    Join Date
    Aug 2020
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    3

    Default Identity Theft (Ssn) Violation of Order, How to Proceed

    My question involves restraining orders in the State of: NY .

    Background:
    I have an active restraining order against my biological mother, who has bipolar disorder and physically violent tendencies. She had homicidal ideation and intense paranoid delusions about people around her. She has a history of welfare fraud that was never prosecuted for and years of (documented) tax fraud that was reported a few years ago. I was ultimately able to get the final restraining order when she met up with my acquaintance during a stalking attempt, and revealed her desire to "find and kill" me.

    The restraining order was given due to the threat and stalking, but does not touch upon her annual (SSN) identity theft that has plagued me for 7 years now. The judge that granted the order asked her to surrender all of my identity documents (ID, SS card), but she played dumb and claimed to have no idea. The most recent identity theft shows that she has a copy of both my ID and SS card, and had opened an insurance policy with it. The insurance representative states that they have both documents on their records, and it dates after the order was granted. She has clearly lied in court and still committing identity theft.

    My restraining order does state that she should refrain from identity theft, but I do not know how to proceed with that information. Would her actions constitute identity theft? Is this a violation of the order? How do I stop her? How do I go back to court? What type of lawyer will I need? How much would it cost (approximately) to be represented?

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Identity Theft (Ssn) Violation of Order, How to Proceed

    Quote Quoting beccals
    View Post
    My question involves restraining orders in the State of: NY .

    Background:
    I have an active restraining order against my biological mother, who has bipolar disorder and physically violent tendencies. She had homicidal ideation and intense paranoid delusions about people around her. She has a history of welfare fraud that was never prosecuted for and years of (documented) tax fraud that was reported a few years ago. I was ultimately able to get the final restraining order when she met up with my acquaintance during a stalking attempt, and revealed her desire to "find and kill" me.

    The restraining order was given due to the threat and stalking, but does not touch upon her annual (SSN) identity theft that has plagued me for 7 years now. The judge that granted the order asked her to surrender all of my identity documents (ID, SS card), but she played dumb and claimed to have no idea. The most recent identity theft shows that she has a copy of both my ID and SS card, and had opened an insurance policy with it. The insurance representative states that they have both documents on their records, and it dates after the order was granted. She has clearly lied in court and still committing identity theft.

    My restraining order does state that she should refrain from identity theft, but I do not know how to proceed with that information. Would her actions constitute identity theft? Is this a violation of the order? How do I stop her? How do I go back to court? What type of lawyer will I need? How much would it cost (approximately) to be represented?
    Since you are dealing with identity theft your first stop would be with the police rather than taking her to court civilly. Identity theft is a crime and violating a restraining order is also a crime. What kind of insurance policy did she take out? If it was a life insurance policy insuring YOU then that would be an important thing to tell the police, since the restraining order is due to her threatening your life.

  3. #3
    Join Date
    Aug 2020
    Posts
    3

    Default Re: Identity Theft (Ssn) Violation of Order, How to Proceed

    I have already gone to the police and have had 4 police reports filed in the last 4 years. Is this defined under identity theft?

    The NYPD are unwilling to file it as a crime in the most recent report, since I caught the act before any health insurance bills were processed under my name. They said they would only 'prosecute/arrest' her if there were enough financial loss. In their eyes, it's not worth the investigative work. Instead, the detective recommended me to "sue her for privacy violation" and have her surrender my SS card/other documents in court. The lawyers I consulted with disagreed but the detective claims to know more law than lawyers... I don't know what to do next when they professionally disagree with each other.

    As I had said... in the family court for the restraining order, the judge already ordered her to give me all my documents. She already lied in court and is still withholding the card.

  4. #4
    Join Date
    Jan 2011
    Posts
    401

    Default Re: Identity Theft (Ssn) Violation of Order, How to Proceed

    The NYPD likely doesn't want to bother with it. I would insist on at least filing a police report and getting a copy.

    Also have you tried reaching out to NY DMV to report your ID stolen and get a new one with a different number? Also the Social Security Administration will issue a new social security number if yours has been compromised and you have the documentation to prove it.

  5. #5
    Join Date
    Aug 2020
    Posts
    3

    Default Re: Identity Theft (Ssn) Violation of Order, How to Proceed

    Quote Quoting bcr229
    View Post
    The NYPD likely doesn't want to bother with it. I would insist on at least filing a police report and getting a copy.

    Also have you tried reaching out to NY DMV to report your ID stolen and get a new one with a different number? Also the Social Security Administration will issue a new social security number if yours has been compromised and you have the documentation to prove it.
    I've heard from a number of lawyers that the SSA has NOTbeen issuing any new social security numbers as of 2019 onward due to the current administration, even to victims of vicious stalking and domestic violence. I have already started a case with the SSA since the first police report over a year ago, but I have yet to hear back. Lots of jaded employees in my local field office, who only deal with disability cases and haven't been trained in assisting DV/stalking victims.

    I haven't heard of getting a new number from the DMV. Thanks for letting me know!

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