How to Create an ID Theft Affidavit

One of the most frustrating burdens faced by victims of identity theft is proving that the fraudulent activities were not committed by the victim themselves. To ensure that you do not become responsible for debts incurred by an identity thief, you must prove to each of the companies where accounts were opened or used in your name that you didn’t create the debt. A group of credit grantors, consumer advocates, and attorneys at the Federal Trade Commission (FTC) developed the ID Theft Affidavit to make it easier for fraud victims to report this information. While many companies accept this affidavit, others require that you submit additional or different forms. Before you send the affidavit to a company where an account was opened using your name, contact the company to confirm it will be accepted. If it is, the information will enable each creditor to investigate the fraud and decide the outcome of your claim.

The FTC posts the ID Theft Affidavit download at: www.consumer.gov/idtheft/pdf/affidavit.pdf

This affidavit has two parts:

• Part One: The ID Theft Affidavit. Used to report general information about yourself and the theft.
• Part Two: The Fraudulent Account Statement. Used to detail the fraudulent account(s) opened in your name. Use a separate Fraudulent Account Statement for each company you need to contact.

When you send the affidavit to each company, attach copies (not originals) of any supporting documents (for example, driver’s license or police report). Before submitting your affidavit, review the disputed account(s) with family members or friends who may have information about the account(s) or access to them. 

Complete this affidavit as soon as possible. Many creditors ask that you send it within two weeks. Delays on your part could slow the investigation. Be as accurate and complete as possible. You may choose not to provide some of the information requested. However, incorrect or incomplete information will slow the process of investigating your claim and absolving the debt. Print clearly. When you have finished completing the affidavit, mail a copy to each creditor, bank, or company that provided the thief with the unauthorized credit, goods, or services you describe. Attach a copy of the Fraudulent Account Statement with information only on accounts opened at the institution to which you are sending the packet, as well as any other supporting documentation you are able to provide. 

Send the appropriate documents to each company by certified mail, return receipt requested, so you can prove that it was received. The companies will review your claim and send you a written response telling you the outcome of their investigation. Keep a copy of everything you submit.

If you are unable to complete the affidavit, a legal guardian or someone with power of attorney may complete it for you. Except as noted, the information you provide will be used only by the company to process your affidavit, investigate the events you report, and help stop further fraud. If this affidavit is requested in a lawsuit, the company might have to provide it to the requesting party. Completing this affidavit does not guarantee that the identity thief will be prosecuted or that the debt will be cleared.