Tag Archives: forms

Combating Identity Theft

There has been a noted interest about identity theft because of hackers, fraudulent check scams, mail box theftsand among other things what Target is doing after their widely publicized  breach.

This blog entry provides resources and information available on the internet to protect your identity and  if you suspect that your identity has been compromised.

 Arizona Law/Arizona Revised Statutes (ARS) relating to Identity Theft

Arizona Department of Public Safety:  Crime Victims Services

Arizona Judicial Branch: Identity Theft Information

Arizona Attorney General: Identity Theft

An easy way to keep an eye on credit is to obtain a free annual credit report from the three nationwide credit reporting agencies.

The Federal Trade Commission website is filled with information to help protect consumers; these are just a few of the resources:

The Internal Revenue Service offers tips to protect your identity and what to do if you are a victim.

“On this page, you will find a wide range of information. Depending upon your personal circumstances, the information found here will cover a variety of scenarios involving identity theft, ranging from contacting us with a case of identity theft to providing tips to help keep your records safe.”

Two important resources not to be overlooked at the IRS website:

 

“Mission:  •Provide best-in-class victim assistance at no charge to consumers throughout the United States . •Educate consumers, corporations, government agencies, and other organizations on best practices for fraud and identity theft detection, reduction and mitigation. •Serve as a relevant national resource on consumer issues related to cybersecurity, data breaches, social media, fraud, scams and other issues.”

 

The National Identity Theft Victims Assistance Network (NITVAN)

“NITVAN seeks to expand and improve the outreach and capacity of victim service programs to better address the rights and needs of victims of identity theft nationwide by building the field’s capacity to provide a coordinated response to the problem. With assistance from the National Network, new coalitions have formed across the country.”  NITVAN Arizona State Victim Resources: Provides local agency resources, laws, and information regarding being a victim of identity theft.

Below are interactive forms available to assist you once your identity has been stolen.

Available from LawHelp Interactive:

Letter to Creditor 
To use the interactive interview for responding to someone collecting a bill that is in your name, but a bill you did not authorize, you will need a copy of the bill in hand when you start the interview. 
You will also need to provide a copy of your proof of your identity. 
Click below to use the interactive interview for a Letter to a Creditor, directly collecting their own bill. This might be a credit card statement you received that contains charges you didn’t make or authorize. It can be any situation where your credit or identity was used without your permission.
Letter to Creditor – Identity Theft
Letter to Debt Collector
To use the interactive interview for responding to a company or law firm that is a Debt Collector, or collecting a bill that is in your name but you did not authorize, you will need a copy of their letter in hand when you start the interview. 
You will also need to provide a copy of your police report and proof of your identity, by copying these and putting them in the letter. Click below to use the interactive interview for a Letter to Debt Collector.
Letter to Debt Collector – Identity Theft
 Letter to Credit Bureau
To use the interactive interview to create a letter to a Credit Bureau, seeking investigation and removal from your credit report of items that are the result of identity theft, you will need a copy of your credit report in hand when you start the interview. 
You can obtain a free copy of your credit report from each credit bureau here. You do not have to pay for a copy of your credit report. One credit report from each company is available to you free each year. 
You will mail the letter and attachment, a copy of your credit report with the incorrect items circled, a copy of the police report you made of the identity theft and proof of your identity with the letter. 
Click below to use the interactive interview for a Letter to a Credit Bureau.
Letter to Credit Bureau – Identity Theft
 
Tempe Police Department has a packet available for identity theft victims: http://www.tempe.gov/modules/showdocument.aspx?documentid=8578
Advertisements

Leave a comment

Filed under FAQ's, Library Tips, News, Research Tips, Website

FAQ: Early Resolution Management Conference

The purpose of Early Resoluntion Managment Conference (ERC) is to bring the parties involved in a Family Court case together to resolve disagreements and formalize any agreements during the ERC.

Generally the court schedules an ERC after one party responds or answers to a petition that has been filed to start a case or modify a case. ERC is scheduled when neither party is represented by a lawyer.

The Maricopa County Superior Court’s ERC webpage provides more details about ERC in addition to forms that can’t be found elsewhere, such as the Request to Reschedule  and the Request to Appear by Phone.

Other Self Service Center forms that may be helpful:

Disclosure Statement and Update Address or Name with the Court

sa mc

Leave a comment

Filed under FAQ's, Library Tips, Maricopa Co. Courts, Research Tips

FAQ: What about my Arizona criminal record?

If you have a criminal record in Arizona you may be wondering “what can I do about it?”

This blog post aims to provide the laws surrounding this topic.

If you don’t already know, Arizona does not seal or expunge a criminal record.

The following Arizona Revised Statutes (ARS) authorize the court to restore civil rights and set aside a judgment of conviction. Arizona Court Rules of Criminal Procedure Rule 29 implements the ARS Title 13 of the Arizona Administrative Code tells Arizona agencies how to administer the ARS.

 Note that the statutes do not authorize the court to seal or expunge a criminal record,  only to set aside the conviction. Criminal records remain public record.

 Arizona Revised Statutes 13-905 to 13-912.01

Double click on the statute number below.

13-904 Suspension of civil rights and occupational disabilities
13-905 Restoration of civil rights; persons completing probation
13-906 Applications by persons discharged from prison
13-907 Setting aside judgment of convicted person on discharge; application; release from disabilities; exceptions
13-908 Restoration of civil rights in the discretion of the superior court judge
13-909 Restoration of civil rights; persons completing probation for federal offense
13-910 Applications by persons discharged from federal prison
13-911 Restoration of civil rights in the discretion of the presiding judge of the superior court
13-912 Restoration of civil rights for first offenders; exception
13-912.01 Restoration of civil rights; persons adjudicated delinquent

 

Arizona Rules of Criminal Procedure, Rule 29.

 Restoration of Civil Rights or Vacation of Conviction (Set Aside)

Go to the Arizona Court Rules website and then click on Rules of Criminal Procedure.

Look for the rules listed below.

Rule 29.1. Notice to probationers

Rule 29.2. Application: contents; place of filing and service

Rule 29.3. Hearing date

Rule 29.4. Response by the prosecutor

Rule 29.5. Disposition

 

Arizona Administrative Code

TITLE 13. PUBLIC SAFETY

CHAPTER 1. DEPARTMENT OF PUBLIC SAFETY CRIMINAL IDENTIFICATION SECTIONARTICLE

1. CRIMINAL HISTORY RECORDS  

 

FORMS – Maricopa County Superior Court forms to “Restore Civil Rights (including gun rights) and/or Set Aside a Conviction” can be found at the Clerk of Courts Criminal Forms webpage and forms to Reduce a Class 6 Undesignated Felony to a Misdemeanor can be found at the Superior Court’s  Self Service Center Criminal Forms webpage.

The criminal conviction information needed to complete the court forms can be obtained from the Clerk of Court and the Law Library ICIS computers. Some information needed may be found at the Case/Docket Information page at the Superior Court.

For more information about what a Set Aside and Restoration of Rights is read info at AZLawHelp.org  Setting Aside Convictions and Restoring Civil Rights

The Maricopa County Juvenile Probation office conducts workshops on how to fill out the “Restoration of Rights and Set Aside” forms every few months. You can call the Law Library to find out if there is one scheduled soon. Law Library 602-506-3461.

Record Reviews: Individuals wishing to review their Arizona criminal record must complete a Record Review Packet.

Public Access to Court Information – case look up for many counties in Arizona.

Leave a comment

Filed under AZ Courts, FAQ's, Library Tips, Maricopa Co. Courts