Identity Theft Affidavit and Police Report Cover Packet — New Mexico

IDENTITY THEFT AFFIDAVIT AND POLICE REPORT COVER PACKET — NEW MEXICO

TABLE OF CONTENTS

1. Document A — Cover Letter to Law Enforcement
2. Document B — Identity Theft Affidavit (NM)
3. Document C — FCRA § 1681c-2 Blocking Demand
4. Document D — FCRA § 1681g(e) Records Request to Furnishers
5. Document E — NM Identity Theft Passport — Application Cover
6. Recovery Action Checklist
7. New Mexico Practice Notes
8. Sources and References

1. DOCUMENT A — COVER LETTER TO LAW ENFORCEMENT

[VICTIM FULL NAME]

[STREET ADDRESS]

[CITY, STATE ZIP]

[PHONE] | [EMAIL]

Date: [DATE]

To:

[LAW ENFORCEMENT AGENCY — e.g., Albuquerque Police Department / Bernalillo County Sheriff / NM State Police]

Attn: Records / Identity Theft Unit

[STATION ADDRESS]

[CITY, STATE ZIP]

Re: Request to File Identity Theft Report — Victim of Identity Theft (NMSA § 30-16-24.1)

Dear Officer:

I am a resident of [CITY, COUNTY], New Mexico, and a victim of identity theft. I am writing to formally report this crime and to request that an official police report be opened, that I be provided a copy of that report (or a report number), and that the matter be referred for investigation.

Identity theft is a fourth-degree felony in New Mexico under NMSA 1978 § 30-16-24.1. A police report is required by federal law (15 U.S.C. § 1681a(q)(4)) to obtain an extended fraud alert and to invoke the credit-bureau blocking right under 15 U.S.C. § 1681c-2.

Enclosed are:

1. My sworn Identity Theft Affidavit describing the theft and listing each fraudulent account, transaction, or use of my identity;

2. Copies of supporting documents (credit reports, fraudulent account statements, communications, and government-issued photo ID);

3. [If available] The breach-notification letter sent to me by [BREACHED ENTITY] dated [DATE] pursuant to the New Mexico Data Breach Notification Act, NMSA § 57-12C-1 et seq., which I believe is the source of the compromised information.

Please:

• (a) Open an official report and provide me a report number;
• (b) Provide me a certified copy of the report at your earliest convenience;
• (c) Refer the matter to the appropriate detective or fraud unit; and
• (d) If suspect information is later identified, please notify me at the contact information above.

I am also pursuing the NM Identity Theft Passport under NMSA § 31-26-15 and may request a court order under NMSA § 31-26-16 to support that application.

Thank you for your assistance.

Sincerely,

[________________________________]

[VICTIM FULL NAME]

Enclosures

2. DOCUMENT B — IDENTITY THEFT AFFIDAVIT (NM)

STATE OF NEW MEXICO

COUNTY OF [COUNTY]

AFFIDAVIT OF IDENTITY THEFT

I, [VICTIM FULL NAME], being first duly sworn upon my oath, depose and state as follows:

A. Affiant Information

A.1. Full legal name: [NAME]

A.2. Date of birth: [__/__/____]

A.3. Last four digits of Social Security number: [XXX-XX-____]

A.4. Current address: [STREET, CITY, STATE ZIP]

A.5. Prior addresses within the last five (5) years: [________________________________]

A.6. Telephone: [NUMBER]

A.7. Email: [EMAIL]

A.8. Government-issued photo ID type and number: [NM Driver License / NM ID / U.S. Passport — Number ________]

B. Discovery of Identity Theft

B.1. I first discovered that my identity had been compromised on or about [DATE] when [describe — received collection call; reviewed credit report; received breach notice; arrested for offense not committed; tax return rejected; etc.].

B.2. I did not authorize, consent to, or benefit from the fraudulent use of my personal identifying information described below.

B.3. To the best of my knowledge, the suspected source of the compromise is [unknown / data breach at __ / lost wallet on __ / phishing email dated __ / family member __ / other].

C. Fraudulent Accounts, Charges, and Inquiries

C.1. The following accounts were opened or used WITHOUT my authorization:

C.2. The following hard inquiries appear on my credit report and were not authorized by me:

D. Other Misuse of Identity

D.1. ☐ My identity was used to obtain government benefits (describe): [__________]

D.2. ☐ My identity was used in an arrest, citation, or criminal proceeding (describe): [__________]

D.3. ☐ My identity was used to file a tax return (federal/state) (describe): [__________]

D.4. ☐ My identity was used in a medical setting (describe): [__________]

D.5. ☐ My identity was used to open utility, telecom, or rental accounts (describe): [__________]

D.6. ☐ Other (describe): [__________]

E. Reporting and Mitigation

E.1. ☐ I placed an initial fraud alert with the nationwide CRAs on [DATE] (15 U.S.C. § 1681c-1).

E.2. ☐ I placed an extended fraud alert (7-year) on [DATE] based on this affidavit and the police report (15 U.S.C. § 1681c-1(b)).

E.3. ☐ I placed a security freeze with each nationwide CRA on [DATE] (15 U.S.C. § 1681c-1(i); NM provides for security freezes under state law).

E.4. ☐ I filed an FTC Identity Theft Report at IdentityTheft.gov on [DATE], Confirmation No. [__________].

E.5. ☐ I filed a police report with [AGENCY] on [DATE], Report No. [__________].

E.6. ☐ I contacted the Internal Revenue Service Identity Protection Specialized Unit (Form 14039) on [DATE].

E.7. ☐ I contacted the Social Security Administration on [DATE].

F. Statement Under Oath

F.1. I have not authorized any person to use my name, Social Security number, date of birth, financial-account information, or other personal identifying information to obtain credit, goods, services, money, property, or governmental benefits without my consent.

F.2. I am willing to assist law enforcement in the prosecution of the person(s) responsible for the misuse of my identity.

F.3. The statements above are true and correct to the best of my knowledge, information, and belief. I make this affidavit under penalty of perjury under the laws of the State of New Mexico (NMSA § 30-25-1).

[________________________________]

[VICTIM FULL NAME], Affiant

Sworn to and subscribed before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public — State of New Mexico

My Commission Expires: [_______________]

3. DOCUMENT C — FCRA § 1681c-2 BLOCKING DEMAND

[VICTIM FULL NAME]

[STREET ADDRESS]

[CITY, STATE ZIP]

Date: [DATE]

Sent via U.S. Certified Mail, Return Receipt Requested

To (one letter to each):

Re: Demand to Block Information Resulting from Identity Theft — 15 U.S.C. § 1681c-2

Dear Sir or Madam:

I am a victim of identity theft. Pursuant to 15 U.S.C. § 1681c-2(a), I demand that you block from my consumer file the information identified in the enclosed identity-theft report. The four statutory elements are satisfied as set forth below:

1. Appropriate proof of identity (15 U.S.C. § 1681c-2(a)(1)): enclosed copy of my [NM driver license / U.S. passport] and a recent utility bill confirming my address.

2. Copy of an identity-theft report (15 U.S.C. § 1681c-2(a)(2); 15 U.S.C. § 1681a(q)(4)): enclosed police report from [AGENCY], Report No. [__________], dated [__/__/____], and my sworn Identity Theft Affidavit.

3. Identification of the information to be blocked (15 U.S.C. § 1681c-2(a)(3)): see itemized list in the enclosed affidavit, Section C.

4. Statement that the information does not relate to any transaction by me (15 U.S.C. § 1681c-2(a)(4)): I expressly state that the listed information does not relate to any transaction or account authorized by me.

You must block the listed information not later than four (4) business days after receipt of this notice and must promptly notify the furnisher of the information of the block. 15 U.S.C. § 1681c-2(a)–(b). I also request an updated free copy of my consumer file reflecting the block.

Please confirm in writing the date the block was implemented and the entries removed. Failure to comply gives rise to liability under 15 U.S.C. §§ 1681n and 1681o.

Sincerely,

[________________________________]

[VICTIM FULL NAME]

Enclosures: ID; police report; sworn affidavit; itemized account list

4. DOCUMENT D — FCRA § 1681g(e) RECORDS REQUEST TO FURNISHERS

[VICTIM FULL NAME]

[STREET ADDRESS]

[CITY, STATE ZIP]

Date: [DATE]

Sent via U.S. Certified Mail, Return Receipt Requested

To:

[FURNISHER / BUSINESS NAME]

[Attn: Fraud / Compliance Department]

[ADDRESS]

Re: Identity Theft — Request for Business Records Under 15 U.S.C. § 1681g(e); FCRA § 1681s-2(a)(6) Notice of Block; NMUPA § 57-12-10 Reservation

Dear Sir or Madam:

I am a victim of identity theft. The account or transaction identified below was opened or made by an unknown person using my personal identifying information without my authorization or consent.

Account/Transaction Reference: [ACCOUNT NO. / TRANSACTION ID]

Date Opened or Charged: [__/__/____]

Amount: $[______]

Pursuant to 15 U.S.C. § 1681g(e), I request that you provide to me, within thirty (30) days, copies of all application and business transaction records evidencing the above account or transaction, including:

• (a) the application for credit, goods, or services in any form (paper, electronic, telephonic);
• (b) all related transaction records, account statements, and payment history;
• (c) the IP address, device fingerprint, geolocation, and time-stamps of any electronic application;
• (d) all signature files, photographs, and identification copies submitted by the applicant; and
• (e) shipping/billing addresses and telephone numbers used.

Pursuant to 15 U.S.C. § 1681s-2(a)(6), you are further notified that the information you have furnished to consumer reporting agencies regarding the above account/transaction is the result of identity theft. You must cease furnishing the information unless you subsequently learn that the information is correct.

Notice is also given that this conduct, if continued, may constitute an unfair or deceptive trade practice under the New Mexico Unfair Practices Act, NMSA § 57-12-1 et seq., exposing you to actual damages or a $100 statutory minimum, up to treble damages for willful conduct, and mandatory attorney fees. NMSA § 57-12-10.

Sincerely,

[________________________________]

[VICTIM FULL NAME]

Enclosures: government photo ID; police report; sworn affidavit

5. DOCUMENT E — NM IDENTITY THEFT PASSPORT — APPLICATION COVER

To:

New Mexico Department of Justice

Office of the Attorney General — Identity Theft Passport Program

408 Galisteo Street

Villagra Building

Santa Fe, NM 87501

Re: Application for Identity Theft Passport — NMSA § 31-26-15

Dear Sir or Madam:

I respectfully request issuance of a New Mexico Identity Theft Passport under NMSA 1978 § 31-26-15. Enclosed are the materials required by the statute:

1. ☐ A certified copy of a court order obtained pursuant to NMSA § 31-26-16 declaring me a victim of identity theft; OR

2. ☐ A full set of fingerprints taken at [law-enforcement agency] on [__/__/____];

3. ☐ A copy of my driver license or other government-issued identification;

4. ☐ My sworn Identity Theft Affidavit (Document B above);

5. ☐ A copy of the police report (Document A enclosure);

6. ☐ A passport-quality color photograph; and

7. ☐ Such other information as the Attorney General requires.

Please advise me of any additional materials required. I authorize entry of my information into the AG's identity-theft victim database for verification by criminal-justice agencies.

Sincerely,

[________________________________]

[VICTIM FULL NAME]

Date: [DATE]

6. RECOVERY ACTION CHECKLIST

☐ Pulled all three free credit reports (AnnualCreditReport.com)

☐ Placed initial fraud alert (one bureau notifies the other two)

☐ Placed security freeze with all three CRAs

☐ Filed FTC Identity Theft Report at IdentityTheft.gov

☐ Filed police report (NMSA § 30-16-24.1)

☐ Sworn Identity Theft Affidavit before notary

☐ Mailed FCRA § 1681c-2 blocking demand to all three CRAs (CMRRR)

☐ Mailed FCRA § 1681g(e) records request to each furnisher (CMRRR)

☐ Submitted NM Identity Theft Passport application (NMSA § 31-26-15)

☐ Filed IRS Form 14039 if tax refund affected

☐ Notified Social Security Administration

☐ Notified bank(s) and reset all passwords / enabled MFA

☐ Reviewed and preserved any data-breach notification (NMSA § 57-12C)

☐ Filed complaint with NM AG Consumer Affairs (see ag_cfpb_complaint_pack.md)

☐ Filed CFPB complaint at consumerfinance.gov/complaint

☐ Diary 30/60/90 day follow-up to confirm blocks and reinvestigation results

7. NEW MEXICO PRACTICE NOTES

• NM criminal statute is broad. NMSA § 30-16-24.1 covers BOTH (a) willfully obtaining, recording, or transferring personal identifying information with intent to defraud, AND (b) "obtaining identity by electronic fraud" (phishing, smishing, social engineering). Both are fourth-degree felonies. The sentencing court SHALL issue written findings and may issue corrective orders for credit reports and public records — request such an order at sentencing.
• NM Identity Theft Passport (NMSA § 31-26-15). The NM Department of Justice (Attorney General) issues an Identity Theft Passport to victims supported by either (a) a court order under NMSA § 31-26-16 OR (b) full fingerprints, plus government ID. The passport is presented to law enforcement and creditors as portable proof of victim status — particularly valuable when the thief is using the victim's identity in connection with arrests or citations.
• Court order for victims (NMSA § 31-26-16). A victim may petition the District Court for a finding of factual innocence as to crimes committed using the victim's identity. The order is the gold-standard supporting document for both the Passport and FCRA blocking.
• NM Data Breach Notification Act (NMSA § 57-12C). A business that owns or licenses personal identifying information of a NM resident must notify affected residents within 45 calendar days of discovering a breach giving rise to a significant risk of identity theft or fraud (§ 57-12C-6). If more than 1,000 residents are affected, the AG and the three nationwide CRAs must also be notified within 45 days (§ 57-12C-10). A violation is enforceable by the AG and can support an NMUPA private claim.
• FCRA blocking — four elements. Under 15 U.S.C. § 1681c-2, the CRAs MUST block within four business days upon receipt of (1) proof of identity, (2) a police-report-based identity-theft report, (3) identification of the items, and (4) a statement that the information is not the consumer's. Use Document C verbatim.
• NMUPA overlay. NMSA § 57-12-10 supports private claims against credit furnishers, debt collectors, and breached entities that continue unfair or deceptive conduct after notice. Treble damages on willfulness; mandatory attorney fees.
• Statute of limitations. Civil claims under the NMUPA accrue at four years (NMSA § 37-1-4). FCRA civil claims under §§ 1681n/1681o carry the earlier of 2 years from discovery or 5 years from violation (15 U.S.C. § 1681p).
• Local resources. New Mexico Department of Justice — Consumer Affairs: (505) 490-4060 (Santa Fe) or (800) 678-1508 (Albuquerque). New Mexico Crime Victims Reparation Commission may cover counseling and out-of-pocket expenses in qualifying cases.

8. SOURCES AND REFERENCES

• NMSA § 30-16-24.1 (Theft of identity) — https://law.justia.com/codes/new-mexico/chapter-30/article-16/section-30-16-24-1/
• NMSA § 31-26-15 (Identity Theft Passport) — https://law.justia.com/codes/new-mexico/chapter-31/article-26/section-31-26-15/
• NMSA § 31-26-16 (Court order — victim of identity theft)
• NMSA § 57-12C-1 et seq. (NM Data Breach Notification Act) — https://law.justia.com/codes/new-mexico/chapter-57/article-12c/
• NMSA § 57-12C-6 (Notification — 45 days)
• NMSA § 57-12C-10 (AG and CRA notification — 1,000+ residents)
• NMSA § 57-12-10 (NMUPA private remedies) — https://law.justia.com/codes/new-mexico/chapter-57/article-12/section-57-12-10/
• 15 U.S.C. § 1681c-2 (FCRA blocking) — https://www.law.cornell.edu/uscode/text/15/1681c-2
• 15 U.S.C. § 1681g(e) (FCRA records request) — https://www.law.cornell.edu/uscode/text/15/1681g
• FTC IdentityTheft.gov — https://www.identitytheft.gov/
• New Mexico Department of Justice — Identity Theft — https://nmdoj.gov/
• IRS Form 14039 — https://www.irs.gov/forms-pubs/about-form-14039

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in New Mexico must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.