Identity Theft Affidavit: How to Report and Recover From Identity Theft

Disclaimer: This guide is for general educational purposes only and is not legal advice. Identity theft laws, agency forms, and credit-reporting procedures change over time and vary by situation. For advice about your specific circumstances, consult a licensed attorney, and always use the official tools at IdentityTheft.gov and IRS.gov for the government forms described below.

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An identity theft affidavit is a signed, sworn statement declaring that you are the victim of identity theft and that you did not authorize the accounts, charges, or other activity carried out in your name. It is the document that turns your claim into an official record, and it unlocks important recovery rights: the ability to dispute fraudulent accounts, have fraudulent information removed from your credit reports, place fraud alerts, and stop debt collectors from pursuing debts you never created. The most widely used version is the federal affidavit generated through the Federal Trade Commission (FTC) at IdentityTheft.gov.

Why an Identity Theft Affidavit Matters

When someone opens accounts or runs up charges using your information, businesses and credit bureaus will not simply take your word for it. They need a formal, attestable record. An identity theft affidavit provides that record and triggers legal protections under the Fair Credit Reporting Act (FCRA) and related rules. Combined with the right follow-up steps, it lets you:

• Block fraudulent debts so businesses stop trying to collect them from you.
• Get fraudulent information removed (blocked) from your credit reports.
• Place an extended fraud alert (up to seven years) on your credit file.
• Stop collection efforts tied to accounts you did not open.
• Request documents from companies showing how the fraudulent accounts were opened.

The Two Main Government Affidavits

There are two distinct, official affidavits you may need, depending on the type of fraud.

| Affidavit | Issued by | Use it for | Where to get it | | --- | --- | --- | --- | | FTC Identity Theft Report | Federal Trade Commission | Credit, banking, and general account fraud | IdentityTheft.gov | | IRS Identity Theft Affidavit (Form 14039) | Internal Revenue Service | Tax-related identity theft (someone filed a return or used your SSN for taxes) | IRS.gov |

The FTC Identity Theft Report

When you report identity theft at IdentityTheft.gov, the FTC generates a personalized FTC Identity Theft Affidavit and a step-by-step recovery plan. On its own, the FTC affidavit documents your claim. When you combine the FTC affidavit with a police report, the two documents together form what is called an Identity Theft Report. That combined report carries the strongest weight with credit bureaus and businesses, and it is what entitles you to have fraudulent items blocked and to place an extended fraud alert.

The IRS Identity Theft Affidavit (Form 14039)

If the fraud involves your taxes, for example you find that a return was already filed under your Social Security number, you file IRS Form 14039, Identity Theft Affidavit, with the IRS. This tells the IRS to flag your account, investigate, and protect your tax records. Tax identity theft is handled separately from credit fraud, so you may need both the FTC affidavit and Form 14039.

What to Include in an Identity Theft Affidavit

A strong affidavit is specific and well documented. Include:

• Your identifying information: full legal name, current address, date of birth, and the relevant identifiers (such as the last digits of an affected account or your SSN where required).
• The accounts and charges affected: list each fraudulent account, transaction, or inquiry, with the business name, account number if known, dates, and dollar amounts.
• A clear statement of non-authorization: an explicit declaration that you did not open these accounts, authorize these charges, or give anyone permission to use your information.
• How and when you discovered the fraud: a brief, factual timeline.
• Supporting documents: copies of your police report, account statements, letters from creditors, and your credit reports highlighting the fraudulent entries.
• Your signature and date, sworn before a notary where required by the receiving party.

✅ Tip: Keep a dated log of every call, letter, and confirmation number. A clean paper trail makes disputes faster and gives you proof if a creditor reinstates a fraudulent debt later.

✅ Tip: Send disputes to credit bureaus and businesses by certified mail with return receipt, or use their official online dispute portals, so you have proof of delivery.

Steps to Report and Recover

Follow these steps in order. Acting quickly limits the damage and strengthens your legal position.

1. Report to the FTC. Go to IdentityTheft.gov, describe what happened, and download your FTC Identity Theft Affidavit and recovery plan.
2. File a police report. Bring your FTC affidavit, a government ID, proof of address, and any evidence. Combine the police report with the FTC affidavit to create your Identity Theft Report.
3. Contact the three credit bureaus. Notify Equifax, Experian, and TransUnion. Request your reports and identify every fraudulent entry.
4. Place a fraud alert or credit freeze. A fraud alert (free, and extendable to seven years with an Identity Theft Report) warns lenders to verify your identity. A credit freeze blocks new credit from being opened in your name entirely and is also free.
5. Dispute the fraudulent accounts. Send your Identity Theft Report and affidavit to each business and bureau, ask them to block or remove the fraudulent items, and request that collection stop.
6. File IRS Form 14039 if taxes are involved, and respond to any IRS notices promptly.
7. Monitor and follow up. Recheck your credit reports, confirm items were removed, and watch for new fraudulent activity.

Common Mistakes to Avoid

• ❌ Skipping IdentityTheft.gov and trying to dispute everything informally, which leaves you without the official FTC affidavit.
• ❌ Not filing a police report, which means you cannot create a full Identity Theft Report or place an extended fraud alert.
• ❌ Being vague. Failing to list specific accounts, amounts, and dates weakens your affidavit.
• ❌ Confusing a fraud alert with a credit freeze. They are different tools with different protections.
• ❌ Ignoring tax fraud. Credit-side reporting does not fix an IRS problem; that requires Form 14039.
• ❌ Throwing away records before disputes are fully resolved.

Frequently Asked Questions

Q: Is an identity theft affidavit the same as a police report? A: No. They are separate documents. When you combine the FTC Identity Theft Affidavit with a police report, the two together form an Identity Theft Report, which carries the most weight with creditors and credit bureaus.

Q: Where do I get the official FTC identity theft affidavit? A: At IdentityTheft.gov, the FTC's official reporting tool. After you describe the fraud, the site generates your personalized affidavit and a recovery plan for free.

Q: Which credit bureaus do I need to contact? A: The three nationwide credit bureaus are Equifax, Experian, and TransUnion. Placing a fraud alert with one is required to notify the others, but for a credit freeze you must contact each bureau separately.

Q: What is IRS Form 14039 used for? A: Form 14039 is the IRS Identity Theft Affidavit. You file it when someone uses your Social Security number for tax fraud, such as filing a return in your name, so the IRS can flag and protect your account.

Q: Does an identity theft affidavit erase the fraudulent debt automatically? A: Not automatically. The affidavit and Identity Theft Report give you the right to dispute and request blocking of fraudulent items, but you must submit them to each business and bureau and follow up until the items are removed.

How discover.legal Helps

discover.legal helps you draft a clear, complete, notary-ready identity theft affidavit that captures your information, the affected accounts and charges, and an explicit statement that you did not authorize them, so your disputes start from a strong, well-organized record. We do not provide legal advice, and we are not a substitute for an attorney. For the official government forms, use the FTC tool at IdentityTheft.gov and the IRS Form 14039 at IRS.gov, and verify current procedures with those official sources, since rules can change.

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