Your heart sinks. A notice arrives for a credit card you never opened. A debt collector calls about a loan you didn’t take out. You’re denied a mortgage or car loan because of mysterious, delinquent accounts that have suddenly appeared on your credit report. In that moment, you realize you are a victim of identity theft.
For victims in Austin and across Central Texas, the experience is a nightmare of confusion, fear, and frustration. Identity theft is more than just a financial inconvenience; it’s an invasion of your privacy and a direct assault on your good name. The thief moves on, leaving you to clean up a complex mess of fraudulent accounts, damaged credit, and aggressive debt collection calls.
You may have spent countless hours on the phone with credit bureaus and creditors, only to be ignored or treated with suspicion. The system designed to protect you can feel broken and impossible to navigate alone.
It doesn’t have to be this way. Under powerful federal and state laws, you have rights. As an Austin identity theft lawyer, I use the full force of laws like the Fair Credit Reporting Act (FCRA), the FDCPA, and Texas’s unique identity theft statutes to help victims untangle this mess, hold companies accountable, and restore their financial identity.
The Devastating Ripple Effect of Identity Theft
The damage from identity theft spreads rapidly, impacting every corner of your financial life. The most common consequences for victims in Texas include:
A Wrecked Credit Score
Fraudulent accounts and missed “payments” on debts you never incurred can cause your credit score to plummet. A low score can prevent you from getting a home loan, qualifying for a new apartment, securing a car loan at a fair rate, or even passing an employment background check.
Harassing Calls from Debt Collectors
Thieves often use stolen identities to rack up debt. When those bills go unpaid, the accounts are sold to third-party debt collection agencies. The calls that follow are not just stressful—they are often illegal. These collectors may violate your rights under federal law in their aggressive pursuit of a debt that isn’t yours.
Lawsuits for Fraudulent Debts
In some of the worst cases, a creditor or debt collector may file a lawsuit against you in a Travis County court. If you don’t respond correctly, they could win a default judgment—a court order stating you legally owe the money—leading to attempts to garnish your bank account.
Your Rights Under the FCRA: Fixing Your Credit Report
The Fair Credit Reporting Act (FCRA) is a powerful federal law that gives you specific, legally enforceable rights. It places a legal duty on credit bureaus (Equifax, Experian, TransUnion) and the companies that furnish them with information to ensure your credit report is accurate.
Under the FCRA, you have the right to:
Dispute fraudulent information
Demand a proper investigation
Sue companies that fail to comply for damages and attorney’s fees
Your Rights Under the FDCPA: Stopping Abusive Debt Collectors
While the FCRA governs your credit report, the Fair Debt Collection Practices Act (FDCPA) governs the behavior of third-party debt collectors. It makes it illegal for collectors to harass, lie to, or mislead you.
Crucially for identity theft victims, the FDCPA gives you the right to:
Demand written validation of the debt
Send cease and desist letters to stop communication
Sue for damages and attorney’s fees if your rights are violated
Obtaining a Declaration of Identity Theft Under Texas Law (Chapter 521)
While federal laws provide tools for disputes, Texas law offers a uniquely powerful solution: a formal Declaration of Identity Theft. Under Chapter 521 of the Texas Business and Commerce Code, we can petition a Texas court to issue a legal order that officially declares you a victim of identity theft.
This declaration is far more than a police report or a dispute letter. It is a binding judgment, signed by a judge, that specifically lists the fraudulent accounts and transactions. It serves as definitive proof that you are not responsible for the debts incurred by the thief.
Once obtained, we serve this declaration on:
Credit bureaus
Creditors
Debt collection agencies
The process involves filing a formal lawsuit in a Texas court, such as a district court in Travis County. As your attorney, I handle this entire legal process—from drafting the petition to appearing before the judge—to ensure you’re equipped with the strongest possible tool to stop the harassment and repair your financial life.
How an Austin Identity Theft Attorney Can Help
Trying to enforce a complex web of federal and state rights on your own is difficult. Companies often use stall tactics that frustrate consumers into giving up. Hiring an experienced attorney who understands both federal and Texas law changes the entire dynamic.
Here is my process for helping victims of identity theft reclaim their lives:
Comprehensive Damage Assessment – We start by obtaining your credit reports from all three major bureaus—Equifax, Experian, and TransUnion—to identify every single fraudulent account and inaccuracy.
Stopping Illegal Collection Calls – I immediately use the FDCPA to put a stop to harassing calls. I will send formal, written cease and desist and debt validation letters that collectors cannot legally ignore.
Securing a Judicial Declaration of Identity Theft – I will petition the court under Texas Chapter 521 to obtain a formal, legally-binding declaration that you are a victim. This powerful court order is the ultimate tool to stop collectors and clear your credit reports.
Strategic Credit Report Disputes – While the court action is proceeding, I will also send legally-sound dispute letters on your behalf to the credit bureaus and fraudulent creditors, citing their specific obligations under the FCRA.
Filing Additional Lawsuits When Necessary – If a credit bureau or creditor fails to correct your report even after receiving a court order, I will not hesitate to file a separate federal lawsuit against them for their violations.
Take the First Step to Restoring Your Good Name
You do not have to spend another day fighting this battle alone. You have suffered enough because of a criminal’s actions—you should not be victimized a second time by a system that refuses to listen.
If you are a victim of identity theft in Austin, Round Rock, Cedar Park, or anywhere in Texas, contact my office today. Schedule a free consultation to discuss your case and learn how an experienced identity theft attorney can help restore your name, your credit, and your peace of mind.