Thursday, September 6, 2012

Identity Theft Law - The Legal Implications and Consequences of Identity Fraud

Identity Fraud is a serious offense and identity fraud law has been enacted in the United States of America to curb this growing menace. Lawmakers and law enforcement agencies became aware of the growing incidence of identity theft and passed the Identity Theft and Assumption Deterrence Act (ITADA) in 1998 to bring identity thieves to justice and protect the victim.

More often than not identity fraud involves online transactions and the culprit is anonymous and faceless. The process of tracing the culprit is therefore tedious and difficult but not impossible. With increasing use of the internet in day-to-day activities there has been a proportional increase in the number of identity fraud cases.

Tracking down the criminal requires coordination between various federal organizations like the FTC, postal inspection service, United States secret service, Federal Bureau of Investigation, Department of Justice and the credit report agency

Identity Theft Law - The Legal Implications and Consequences of Identity Fraud

Identity fraud law vests the Federal Trade Commission (FTC) with the task of receiving complaints from victims of identity theft and providing them the necessary information. The FTC processes the complaint and then refers it to an appropriate authority for further necessary action.

ITADA passed by the United States Senate in 1998 identified identity thefts associated with mortgage, credit card, loans, services and commodities as punishable. With the complexity of identity thefts increasing, the Senate amended the ITADA in 2003.

The ITADA in its amended form makes it illegal for any individual to be knowingly in possession of another person's identity without lawful authority. If the identity is used to commit, aid or abet any activity that is a violation of Federal law it is a serious federal crime and appropriate legal measures will be initiated.

The ITADA recognizes identity fraud as a serious felony and if guilt is proved in a court of law the culprit could serve up to thirty years in prison in addition to penalties.

California and Wisconsin are two states in the USA that have created an office of privacy protection entrusted with the responsibility of educating citizens about avoiding identity theft and assisting them to cope with and recover from an identity fraud.

California also enacted a data breach notification law that was later emulated by many states. This law stipulates that a company must notify all its customers of any breach of data that is identified.

Currently most states in the United States have enacted special laws to fight identity theft. Most states also have a special section within the Attorney General's office that deals exclusively with identity theft.

You should intimate the FTC immediately after coming to know about identity theft. You can do this through email or calling up their toll free number or making a personal visit to the local FTC office. You should also inform the credit reporting agency and local police department.

Identity fraud law is relatively new and amendments will be made as conmen devise newer ways of swindling money. Being well informed and prevention is the best way to fight identity fraud.

Identity Theft Law - The Legal Implications and Consequences of Identity Fraud
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Find out more on identity fraud law and hire an identity theft lawyer to seek compensation for this criminal act.

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Sunday, September 2, 2012

Law Protection For Landlord and Tenants Through Legal Forms

Lease contract is a legal form made and executed by the lessor and the lessee. In preparing a contract of lease it should clearly state the place where the contract was executed and date when it was executed. It should also state the complete name of both the lessor and the lessee, age, status, the name of spouse if married, the citizenship and the residence address in separate paragraph, and clearly indicating therein who is the lessor and the lessee between the contracting parties.


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On the succeeding paragraph, it should be stated therein the type of structure and/or property being leased and its location, and also the terms and conditions both the lessor and lessee had agreed upon. Usually, landlord has proforma landlord forms ready and all they need to do is just filling in the blanks for the vital information. Terms and conditions that should be included in the agreement is the purpose for which the premises is being leased, and thereby prohibiting lessee to use the property other that what is expressly agreed. Violation of said agreement would mean automatic revocation and/or cancellation of the contract without prejudice to its other rights under the law.

Initially, lease contract is good for one year. Upon its expiration, if the lessee still desires to continue leasing the premises, a written notice of intent to renew the lease contract should be sent to the lessor prior to the expiration of the lease period agreed upon. The lessor will be the one to decide whether to allow renewal of the lease contract or eventually terminate upon its expiration. The lessor may agree to renew the lease contracts under same terms and conditions that had been mutually agreed upon. Monthly rate for the leased premises shall also be indicated in the lease contract. All rental payments in the form of check should be made payable to the lessor, who in return should issue a corresponding for all the payments made by the lessee may it be check or cash.

Law Protection For Landlord and Tenants Through Legal Forms

The lessor upon signing of the lease contract would require the lessor to pay for the deposit as agreed upon. Most lessor requires three months deposit, wherein the 2 months deposit shall be applied as rent for the 11th and 12th months and the remaining one month deposit for other obligations for utilities such as water, electricity, telephone, association dues which should be paid by the lessee during the duration of the lease and for the damages resulting from violations of any of the provision of the lease contract.

The lessee cannot be held liable for the whole or any part of the leased premises which had been destroyed or damaged by fortuitous event such as fire, flood, lightning, typhoon, earthquake, storm and other unforeseen event. In case the occurrence of the above mentioned event rendered the leased premises during the term substantially unfit for use and occupation, then the lease contract may be terminated without compensation by the lessor or by the lessee.

Law Protection For Landlord and Tenants Through Legal Forms

James is an expert in writing about legal forms and documents that may help you when your in the search of the right legal document. He writes many articles about forms ranging from, power of attorney forms, landlord tenant forms, and most any legal form that you are searching for.

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