Affidavit of Identity Theft

An Affidavit of Identity Theft is a formal sworn statement used by someone who has had their identity stolen, known as the Affiant, to explain the situation to creditors, financial institutions, judges, law enforcement, and other officials in trying to sort out the aftermath of the theft. This document can be used to help stop unauthorized accounts from being opened, challenge fraudulent charges on existing accounts, and assist law enforcement in tracking down the person responsible for the theft. An identity theft can be an overwhelming experience, but by creating an Affidavit of Identity Theft, a person can get all of the relevant information in one place and streamline the process of recovery.

When a person's identity has been stolen and used by the thief for tax fraud, the Reporter can also send a Notification of Fraudulent Tax Filing to the IRS so they can handle any fall out or tax consequences.

How to use this document:

This document has all of the information necessary to create a comprehensive Affidavit. The Affidavit is composed of five major sections:

1. Victim Information: This section includes all of the victim's identifying information, such as their name, date of birth, social security number, address, and best ways to contact them.

2. Description of Identity Theft: This section includes all of the details about how the theft happened, whether the Affiant received any benefits as a result of the theft, and any information the Affiant may have about the person they believe to be responsible for the theft.

3. Law Enforcement Actions: This section describes what the Affiant is willing or not willing to do to assist in an investigation of the theft by law enforcement as well as outlining the law enforcement actions that have already taken place regarding the theft.

4. Supporting Documentation: This section describes any documents that the Affiant will include with the Affidavit that will prove the theft took place, add additional information, or help investigators, such as police reports, email correspondence, bank statements, and any other relevant documents.

5. Signature and Notarization Page: This section is where the Affiant signs the document and has it notarized by a Notary Public who signs and stamps the document, attesting that they witnessed the signature. This section is essential to giving the document its full legal force.

Once the document has been completed, sign, and notarized, the Affiant can make copies to give to creditors, judges, law enforcement, and anyone else involved in helping sort out the fall out of the identity theft as explanation of what happened.

Applicable law

There are no laws outlining exactly what must be put into an Affidavit of Identity Theft. There are, however, some generally accepted practices for creating such documents, including making sure the information is robust enough to be persuasive to an authority that the Affiant has accurate knowledge about the theft and that what they are saying is true.

How to modify the template

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.