THE ATTORNEY GENERAL OF TEXAS
Ken Paxton
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Step 6 - Declare That You are a Victim

If Necessary, File an Application with Your State District Court Requesting a Court Order Declaring That You are a Victim of Identity Theft

  1. Download, review and complete the Application Requesting Declaration that the Applicant is a Victim of Identity Theft.
  2. File the application with your district court and request a hearing date.
  3. Appear in court on the specified date and submit evidence proving you are a victim of identity theft.

As you work to clear your name, you may find it necessary to obtain a court order declaring that you are a victim of identity theft. This is allowed under the Texas Identity Theft Enforcement and Protection Act, found in Chapter 521 of the Texas Business and Commerce Code. If you are granted this type of court order, you may submit it to governmental entities and private businesses to help correct any records that contain inaccurate or false information which resulted from the identity theft.

The Office of the Attorney General has prepared a do-it-yourself application for a court order, which you can complete and file with your state district court. Necessary forms and instructions can be downloaded from the OAG Identity Theft Web site at www.texasattorneygeneral.gov/identitytheft.

You may file these forms in state district court on your own behalf, but you are strongly encouraged to hire an attorney to help you with this process. If you do not have an attorney, the State Bar of Texas can help you find one in your area. Call (800) 252-9690 or visit www.texasbar.com for a referral.

Telephone Call Log

Use this telephone call log to record names, phone numbers, dates, times and notes from each call you make while trying to clear your name. Keeping all of this information in one place will make it easier to remember what steps you need to take next and track your progress through the recovery process. Download extra telephone call logs at www.texasattorneygeneral.gov/identitytheft or request them by calling (800) 252-8011.

Download Documents

Click link to download ID Theft Affidavit

Click link to download Court Order Application

Click link to download Preparing Exhibits