Is this identity theft? Can action be taken for this?

[iron123]

What is the name of your state (only U.S. law)? : Georgia

My mother has taken my vital records (social security card, birth certificate, passport, certificate of citizenship) and is refusing to return them to me.

I've asked several lawyers about this who have said this was a form of identity theft. However, when I contacted the local police department about this they simply told me that there was nothing that could legally be done about this so I am somewhat confused.

I cannot get any of my documents replaced as everything requires that I be able to prove my identity. I am a legal US adult citizen, though I was born out of the country yet even then I'm required to provide proof of identification to get my birth certificate.

Am I able to take any legal action to getting my documents back from her? If so what can I do?

 

[LdiJ]

What is the name of your state (only U.S. law)? : Georgia

My mother has taken my vital records (social security card, birth certificate, passport, certificate of citizenship) and is refusing to return them to me.

I've asked several lawyers about this who have said this was a form of identity theft. However, when I contacted the local police department about this they simply told me that there was nothing that could legally be done about this so I am somewhat confused.

I cannot get any of my documents replaced as everything requires that I be able to prove my identity. I am a legal US adult citizen, though I was born out of state yet even then I'm required to provide proof of identification to get my birth certificate.

Am I able to take any legal action to getting my documents back from her? If so what can I do?

You could try suing her in small claims court. You would have to sue her for money and then settle for the return of your documents.

 

[CdwJava]

What is the name of your state (only U.S. law)? : Georgia

My mother has taken my vital records (social security card, birth certificate, passport, certificate of citizenship) and is refusing to return them to me.

This is NOT "identity theft."

If you are an adult, then these are your property. Perhaps if you had the police accompany you to mom's house they can help you convince mom to return your property. Of course, if she denies having them, you will have a problem.

Alternatively, you can obtain new documents.

I've asked several lawyers about this who have said this was a form of identity theft.

I cannot see how. It may be larceny (theft) of some kind if she is unlawfully holding your property, but, "Identity Theft"? I don't see it.

I cannot get any of my documents replaced as everything requires that I be able to prove my identity. I am a legal US adult citizen, though I was born out of state yet even then I'm required to provide proof of identification to get my birth certificate.

What about your driver's license or state ID card? You do not say she has those documents.

Am I able to take any legal action to getting my documents back from her? If so what can I do?

Get a police escort, sue her, have a trusted family member work with you to convince mom to return them ...

I'm curious. You say she has your proof of citizenship. You write that you were born out of state, but not that you were born out of the country. If you were born in the US you would not have need for a specific document that proves your citizenship.

 

[iron123]

What about your driver's license or state ID card? You do not say she has those documents.

.

I can't use either because I've never been able to obtain either in the first place.

Get a police escort, sue her, have a trusted family member work with you to convince mom to return them ...

I currently live with my mother. I've called the police to try to have them convince my mother to return them but they were apparently unable to. The only other family member that I am able to contact and have brought the issue up with does not see the issue with my mother holding my documents.

I'm curious. You say she has your proof of citizenship. You write that you were born out of state, but not that you were born out of the country. If you were born in the US you would not have need for a specific document that proves your citizenship

Ah, I meant to say I was born out of the country, that's my fault.

 

[CdwJava]

I can't use either because I've never been able to obtain either in the first place.

Why haven't you been able to obtain a state ID or driver's license?

I currently live with my mother. I've called the police to try to have them convince my mother to return them but they were apparently unable to. The only other family member that I am able to contact and have brought the issue up with does not see the issue with my mother holding my documents.

Sounds like it's a good time to move out of mom's house.

WHY is she holding them? Certainly at least SHE must think she has a good reason for withholding them from you.

You might want to consider suing her for the items, or, working with someone higher up with the police to see if you can make some sort of theft report for the items.

Ah, I meant to say I was born out of the country, that's my fault.

Ok.

 

[cbg]

Have we established that the OP is an adult and not a minor?

 

[CdwJava]

Have we established that the OP is an adult and not a minor?

In his initial post, he wrote, " I am a legal US adult citizen ..." so ...

Since he still lives at home and other mom's thumb, he is either barely an adult, or, not acting like one.

 

[cbg]

Not arguing that.

Wouldn't be the first time we've had a 16 or 17 year old here claiming adulthood. Given that others do not see an issue with Mom's action, I can't help wondering. Particularly since the OP seems to be avoiding answering the question.

 

[CdwJava]

Well, I have known a good number of cops who look at this sort of thing as a civil matter rather than a criminal one. But, it could be that mom denies having the items, or, that the OP is actually a legal minor or a dependent adult of some kind. More than likely, the cops see this as civil and not criminal which is why he may have to speak to someone higher up in the food chain.

 

[quincy]

What is the name of your state (only U.S. law)? : Georgia

My mother has taken my vital records (social security card, birth certificate, passport, certificate of citizenship) and is refusing to return them to me.

I've asked several lawyers about this who have said this was a form of identity theft....

I question the attorneys who told you that your mother holding your identifying papers is a form of identity theft. Were these Georgia attorneys?

The identity theft law in Georgia can be found in the Georgia Code Title 16 - Crimes and Offenses - Chapter 9 - Forgery and Fraudulent Practice - Article 8 - Identity Fraud Section 16-9-121.

The elements of identity theft are that a person possesses or uses without authorization or consent another's identifying information with the intent to fraudulently use this identifying information.

I see no intent to fraudulently use what is being held - at least from what has been disclosed so far. I imagine there is more to the story.

 

[iron123]

In his initial post, he wrote, " I am a legal US adult citizen ..." so ...

Since he still lives at home and other mom's thumb, he is either barely an adult, or, not acting like one.

Once more this is my fault. I should clarify that I am 19.

In regards to why my mother is holding my documents, me asking has only resulted in her claiming that she is either protecting me or that since she paid for them, I should try and get my own documents.

 

[Zigner]

Once more this is my fault. I should clarify that I am 19.

In regards to why my mother is holding my documents, me asking has only resulted in her claiming that she is either protecting me or that since she paid for them, I should try and get my own documents.

Do you have a job? Are you going to school?

 

[iron123]

Do you have a job? Are you going to school?

I am going to college. yes.

 

[quincy]

I am going to college. yes.

Why do you need these documents now?

Perhaps your mother understands how irresponsible college kids can be?

 

[Zigner]

I am going to college. yes.

Then you may be able to use your school ID as an identification for obtaining your birth certificate. Start here: https://dph.georgia.gov/birth-records. I would suggest that you go in person to discuss this with them.