Identity Theft Affidavit and Police Report Cover Letter - Texas

IDENTITY THEFT AFFIDAVIT AND POLICE REPORT COVER LETTER — TEXAS

Texas provides strong identity theft protections through the Identity Theft Enforcement and Protection Act (Bus. & Com. Code Ch. 521), a judicial declaration of victim status process (Ch. 521), provisions for victims to obtain court orders requiring creditors to release records (Ch. 523), and significant criminal penalties under Penal Code § 32.51.

PART A: FTC IDENTITY THEFT REPORT INSTRUCTIONS

Step 1: File an FTC Identity Theft Report

The Federal Trade Commission (FTC) provides a centralized identity theft reporting system at IdentityTheft.gov.

Procedure:

1. Visit https://IdentityTheft.gov
2. Create an account (recommended) or proceed without one
3. Answer questions about the identity theft incident
4. Receive your Identity Theft Report and personalized recovery plan
5. Print and save the Identity Theft Report — you will need copies for creditors, CRAs, and law enforcement

Practice Note: The FTC Identity Theft Report has replaced the former FTC Identity Theft Affidavit for most purposes. The comprehensive affidavit in Part B provides additional detail useful for Texas-specific court proceedings and victim declarations.

Step 2: Contact the Three Major Credit Reporting Agencies

Step 3: Place Fraud Alerts

Initial Fraud Alert (1 Year):

• Contact ONE CRA; that agency must notify the other two
• Lasts 1 year
• Requires creditors to take reasonable steps to verify identity before opening new accounts

Extended Fraud Alert (7 Years):

• Available to confirmed identity theft victims with an Identity Theft Report
• Lasts 7 years
• Requires creditors to contact the consumer directly before opening new accounts
• Consumer is removed from pre-screened credit offer lists for 5 years

Step 4: Place Security Freezes

Under federal law, security freezes are free nationwide. Texas also has its own security freeze provisions under Bus. & Com. Code § 20.034.

Texas Security Freeze Provisions:

• Consumers may place a security freeze at no charge
• CRA must place the freeze within the timeframes required by federal law
• The freeze prevents new credit from being opened without the consumer's express authorization
• Consumers may temporarily lift or permanently remove the freeze at any time

Step 5: Texas Identity Theft Victim Declaration

Under Texas Bus. & Com. Code § 521.051, victims may apply to a district court for an order declaring them a victim of identity theft:

• Who May File: A person injured by a violation of § 521.051 or who has filed a criminal complaint alleging identity theft under Penal Code § 32.51
• Court Order: The court may issue an order declaring the applicant a victim of identity theft
• Effect: The declaration can be used with creditors, CRAs, law enforcement, and other entities to establish victim status and compel corrective action
• Practical Benefit: Functions as Texas's "identity theft passport" — a court-issued document verifying victim status

PART B: IDENTITY THEFT AFFIDAVIT

SECTION 1: VICTIM INFORMATION

Full Legal Name: [________________________________]

Former/Maiden/Other Names Used: [________________________________]

Date of Birth: [__/__/____]

Social Security Number: [____] - [____] - [____]

Current Address:

Street: [________________________________]

City: [________________________________] State: TX ZIP: [____]

How long at this address? [________________________________]

Previous Address (if at current address less than 2 years):

Street: [________________________________]

City: [________________________________] State: [____] ZIP: [____]

Home Phone: [________________________________]

Work Phone: [________________________________]

Cell Phone: [________________________________]

Email Address: [________________________________]

Texas Driver's License Number: [________________________________]

Texas ID Card Number (if applicable): [________________________________]

SECTION 2: FRAUDULENT ACCOUNT INFORMATION

Complete one entry for each fraudulent account. Attach additional pages if necessary.

Fraudulent Account #1

Fraudulent Account #2

Fraudulent Account #3

(Attach additional pages using the same format for additional fraudulent accounts.)

SECTION 3: HOW THE IDENTITY THEFT OCCURRED

How did you first discover the identity theft?

[________________________________]
[________________________________]
[________________________________]

When did the identity theft first occur (or your best estimate)? [__/__/____]

When did you first discover the identity theft? [__/__/____]

Do you know or suspect how the identity thief obtained your personal information?

☐ Lost or stolen wallet/purse
☐ Lost or stolen mail
☐ Data breach notification received (Company: [________________________________])
☐ Stolen from home, car, or office
☐ Someone I know had access to my information
☐ Phishing email or phone scam
☐ Online data compromise
☐ Medical or insurance records theft
☐ Tax-related identity theft
☐ Unknown
☐ Other: [________________________________]

SECTION 4: KNOWN OR SUSPECTED PERPETRATOR INFORMATION

Do you know or suspect who committed the identity theft?

☐ No — Skip to Section 5
☐ Yes — Complete below

Suspected Perpetrator's Name: [________________________________]

Relationship to Victim: [________________________________]

Last Known Address: [________________________________]

Phone Number: [________________________________]

Other Identifying Information: [________________________________]

Why do you suspect this person?

[________________________________]
[________________________________]

SECTION 5: TIMELINE OF EVENTS AND ACTIONS TAKEN

SECTION 6: ACTIONS ALREADY TAKEN

☐ Filed FTC Identity Theft Report at IdentityTheft.gov — Report Number: [________________________________]
☐ Filed police report — Agency: [________________________________] Report Number: [________________________________]
☐ Placed initial fraud alert (1-year) with: ☐ Equifax ☐ Experian ☐ TransUnion — Date: [__/__/____]
☐ Placed extended fraud alert (7-year) — Date: [__/__/____]
☐ Placed security freeze with: ☐ Equifax ☐ Experian ☐ TransUnion — Date: [__/__/____]
☐ Requested free credit reports from all three CRAs
☐ Contacted affected creditors/financial institutions
☐ Contacted debt collectors regarding fraudulent debts
☐ Applied for Texas Identity Theft Victim Declaration (Bus. & Com. Code § 521.051)
☐ Filed complaint with Texas Attorney General
☐ Filed complaint with Texas Department of Banking (if applicable)
☐ Filed IRS Identity Theft Affidavit (Form 14039) — if tax-related
☐ Contacted Social Security Administration — if SSN compromised
☐ Contacted U.S. Postal Inspection Service — if mail theft involved
☐ Contacted Texas Department of Public Safety (DPS) — if DL compromised
☐ Changed passwords and PINs on all accounts
☐ Other: [________________________________]

SECTION 7: DECLARATION UNDER PENALTY OF PERJURY

I, [________________________________], declare under penalty of perjury under the laws of the United States and the State of Texas that the information provided in this affidavit is true and correct to the best of my knowledge. I understand that knowingly making false statements in this affidavit may subject me to criminal prosecution under 18 U.S.C. § 1001 (false statements to federal agencies) and Tex. Penal Code § 37.02 (perjury).

I did not authorize any person to use my personal identifying information to open or access any of the accounts or conduct any of the transactions listed in this affidavit. I am willing to cooperate fully with any law enforcement agency, creditor, or credit reporting agency investigating this identity theft.

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

NOTARIZATION BLOCK

STATE OF TEXAS
COUNTY OF [________________________________]

Before me, the undersigned Notary Public, on this [____] day of [________________________________], 20[____], personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.

Given under my hand and seal of office this [____] day of [________________________________], 20[____].

Notary Public Signature: ________________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

Notary Seal/Stamp:

[SEAL]

Note: Texas Government Code § 406.016 requires notaries to include their commission expiration date and affix their official seal.

PART C: POLICE REPORT COVER LETTER

[__/__/____]

[________________________________]
[________________________________]
[________________________________]
[________________________________]

Re: Request to File Identity Theft Police Report — Tex. Penal Code § 32.51

Dear Officer/Detective:

I am writing to request that your department accept and file an identity theft report. I am a victim of identity theft and need an official police report to exercise my rights under the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) and Texas identity theft statutes (Penal Code § 32.51; Bus. & Com. Code Ch. 521).

Background

My personal identifying information has been used without my authorization to open fraudulent accounts, make unauthorized transactions, and/or commit other fraudulent acts as detailed in the attached Identity Theft Affidavit. The total known fraudulent activity amounts to approximately $[________________________________].

Texas Criminal Law Provisions

Fraudulent use or possession of identifying information is a serious criminal offense in Texas:

Penal Code § 32.51 — Offense Levels Based on Number of Items:

Enhanced Penalties:

• If the victim is an elderly individual (65+) or a disabled individual, the offense is enhanced by one degree
• If committed against a child under 18, enhanced penalties may apply

Identifying Information Defined (Bus. & Com. Code § 521.002):
Name, Social Security number, date of birth, government-issued identification number, mother's maiden name, unique biometric data, unique electronic identification number, address, routing code, and telecommunication access device.

Jurisdiction

Under Texas law, identity theft may be reported to:

• The law enforcement agency in the county where the offense occurred
• The law enforcement agency in the county where the victim resides
• The Texas Department of Public Safety if the crime crossed jurisdictions

Information and Documents I Am Providing

☐ Completed Identity Theft Affidavit (attached)
☐ FTC Identity Theft Report (attached)
☐ Government-issued photo identification
☐ Proof of current address
☐ Credit reports showing fraudulent accounts (highlighted)
☐ Collection notices for fraudulent debts
☐ Correspondence from creditors
☐ Documentation of financial losses
☐ Other supporting evidence: [________________________________]

Request

I respectfully request that you:

1. Accept this identity theft report and assign a case number
2. Provide me with a copy of the filed police report
3. Investigate the identity theft to the extent possible
4. Refer the matter to appropriate units (Texas Rangers, DPS, or county/district attorney) as warranted

Respectfully,

Signature: ________________________________________

Printed Name: [________________________________]

Address: [________________________________]

Phone: [________________________________]

Email: [________________________________]

PART D: TEXAS-SPECIFIC IDENTITY THEFT PROTECTIONS

Identity Theft Enforcement and Protection Act (Bus. & Com. Code Ch. 521)

Texas's primary civil identity theft statute provides comprehensive protections:

Prohibited Conduct (§ 521.051):

• No person may obtain, possess, transfer, or use personal identifying information of another without the other person's consent with intent to harm or defraud

Judicial Declaration of Victim Status (§ 521.051(d)):

• A victim may apply to a district court for a judicial declaration that they are a victim of identity theft
• The court order serves as a powerful tool for compelling creditors, CRAs, and law enforcement to recognize the victim's status
• This is Texas's equivalent of an "identity theft passport"

Civil Remedies:

• Victims may bring civil actions for injunctive relief, actual damages, court costs, and reasonable attorney fees

Provisions Relating to Victims of Identity Theft (Bus. & Com. Code Ch. 523)

Access to Records (§ 523.002):

• Identity theft victims who have filed a police report may request copies of records from businesses relating to the fraudulent transaction
• Businesses must provide the records within a reasonable time

Flagging of Identity Theft in Records (§ 523.003):

• Victims may request that businesses flag their records to indicate identity theft
• Flagged records help prevent the victim from being held responsible for the fraudulent activity

Texas Identity Theft Resource Center

The Texas State Law Library maintains comprehensive identity theft resources:

• Website: guides.sll.texas.gov/identity-documents/identity-theft
• Includes links to filing police reports, sample letters, and state and federal resources

Data Breach Notification (Bus. & Com. Code § 521.053)

Texas data breach notification requirements:

• Notification Deadline: "As quickly as possible" after discovery
• Content: Must include description of incident and contact information
• Attorney General Notification: Required if 250+ Texas residents are affected; notification must be made within 60 days
• Covered Information: Social Security numbers, driver's license numbers, financial account numbers with access codes, health information
• Penalties: Civil penalties up to $100 per individual for each notification not sent (max $250,000 per breach)

Filing Complaints

PART E: SUPPORTING DOCUMENTATION CHECKLIST

Required Documents

☐ Completed Identity Theft Affidavit (Part B of this template)
☐ FTC Identity Theft Report from IdentityTheft.gov
☐ Police report with case number
☐ Government-issued photo identification
☐ Proof of current Texas address

Texas-Specific Documents

☐ District court order declaring victim of identity theft (Bus. & Com. Code § 521.051, if obtained)
☐ Records obtained from businesses under Ch. 523
☐ Texas Attorney General complaint confirmation

Credit-Related Documents

☐ Credit reports from all three CRAs with fraudulent items highlighted
☐ Fraud alert confirmation letters
☐ Security freeze confirmation letters/PINs
☐ Credit monitoring alerts

Fraudulent Account Documents

☐ Statements or notices for fraudulent accounts
☐ Collection letters for fraudulent debts
☐ Correspondence with creditors regarding disputes
☐ Denial letters for credit applications you did not make

Financial Impact Documents

☐ Bank statements showing unauthorized transactions
☐ Records of out-of-pocket expenses
☐ Records of lost wages or time spent resolving identity theft
☐ Documentation of denied credit, employment, or housing

Communication Records

☐ Log of all phone calls (date, time, person spoken to, reference numbers)
☐ Copies of all letters sent (with certified mail receipts)
☐ Email correspondence with creditors, CRAs, and law enforcement

PART F: RECIPIENT LIST — WHO TO SEND THE AFFIDAVIT TO

Use certified mail with return receipt requested for all mailings.

1. Credit Reporting Agencies (All Three)

2. Each Affected Creditor or Financial Institution

3. Debt Collectors

4. Texas Attorney General — Consumer Protection Division

5. District Court (for Judicial Declaration of Victim Status)

6. Internal Revenue Service (If Tax-Related)

IRS Identity Protection Specialized Unit: 1-800-908-4490

7. Social Security Administration (If SSN Compromised)

Phone: 1-800-772-1213 | Report fraud: oig.ssa.gov

SOURCES AND REFERENCES

• Federal Trade Commission — IdentityTheft.gov: https://www.identitytheft.gov
• Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.: https://www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-III
• Tex. Penal Code § 32.51: https://codes.findlaw.com/tx/penal-code/penal-sect-32-51/
• Tex. Bus. & Com. Code Ch. 521 (Identity Theft Enforcement and Protection): https://law.justia.com/codes/texas/business-and-commerce-code/title-11/subtitle-b/chapter-521/
• Tex. Bus. & Com. Code Ch. 523 (Provisions Relating to Victims): https://statutes.capitol.texas.gov/Docs/BC/htm/BC.523.htm
• Texas State Law Library — Identity Theft: https://guides.sll.texas.gov/identity-documents/identity-theft
• Texas Attorney General — Consumer Protection: https://www.texasattorneygeneral.gov
• Texas Bar Association — Updates to Identity Theft Law: https://www.texasbar.com
• Consumer Financial Protection Bureau: https://www.consumerfinance.gov
• Annual Free Credit Reports: https://www.annualcreditreport.com

This template is provided for informational purposes only and does not constitute legal advice. Texas identity theft law provides both criminal penalties and civil remedies including judicial declarations of victim status. Consult a qualified attorney licensed in Texas for advice specific to your situation.