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Do I have a case for civil litigation on identity thief ?

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Elanhomesmusic

New member
What is the name of your state? UT

Do I have a case for civil litigation on identity thief ?

Some people stole my identity and purchase cars in my name.

Can I sue them for identity thief to teach them a lesson?

Thanks.
 


quincy

Senior Member
What is the name of your state? UT

Do I have a case for civil litigation on identity thief ?

Some people stole my identity and purchase cars in my name.

Can I sue them for identity thief to teach them a lesson?

Thanks.
How was your identity stolen?

Exactly how were the cars purchased in your name?

How did you learn about the purchase of these cars?

What damages have you suffered?
 

Elanhomesmusic

New member
That is a good question which I don't know the answer to.

Cybersecurity hack maybe or maybe I clicked on the wrong email. Its impossible for me to know how unless police are able to get the criminal to tell them.

Crooks had fake IDs with my name on it but their picture. This is not some " oops, I said the wrong name"

They even took control over my mail and had it forward to them.

I have been denied every credit card I have applied for since this identity thief incident. I think my name is on some kind of blacklist in the industry.
I have had sleepless nights worried about my identify being stolen and don't know who else has it.

People and companies don't want to do business with me as a result of the scammers stealing my identity and committing crimes in my name. Can I make them pay in civil court for these crimes?
 

quincy

Senior Member
That is a good question which I don't know the answer to.

Cybersecurity hack maybe or maybe I clicked on the wrong email. Its impossible for me to know how unless police are able to get the criminal to tell them.

Crooks had fake IDs with my name on it but their picture. This is not some " oops, I said the wrong name"

They even took control over my mail and had it forward to them.

I have been denied every credit card I have applied for since this identity thief incident. I think my name is on some kind of blacklist in the industry.
I have had sleepless nights worried about my identify being stolen and don't know who else has it.

People and companies don't want to do business with me as a result of the scammers stealing my identity and committing crimes in my name. Can I make them pay in civil court for these crimes?
If you have suffered demonstrable economic harm from the theft of your identity, you could sue the identity thieves to recover your losses.

How long ago did you discover that your identifying information was being used to purchase goods?

After you reported the identity theft to the police, were the police able to identify and arrest those responsible? If so, were they charged and prosecuted?

I assume that you notified your banks and creditors and canceled all bank and credit card accounts once you learned of the theft, correct? Did you also add “fraud alerts” on your reports with the three major credit reporting agencies (TransUnion, Experian, Equifax)?
 
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Elanhomesmusic

New member
If you have suffered demonstrable economic harm from the theft of your identity, you could sue the identity thieves to recover your losses.

How long ago did you discover that your identifying information was being used to purchase goods?

After you reported the identity theft to the police, were the police able to identify and arrest those responsible? If so, were they charged and prosecuted?

I assume that you notified your banks and creditors and canceled all bank and credit card accounts once you learned of the theft, correct? Did you also add “fraud alerts” on your reports with the three major credit reporting agencies (TransUnion, Experian, Equifax)?
The police did make an arrest, then they let the out of jail like the next day but then later the feds arrested them again. I don't know what is going on with them legally but I think the police reports will backup my story in civil court as one of the fake ID recovered had my information on it.

Could there be damages in additional to the actual damages such as punitive damages ?
 

quincy

Senior Member
The police did make an arrest, then they let the out of jail like the next day but then later the feds arrested them again. I don't know what is going on with them legally but I think the police reports will backup my story in civil court as one of the fake ID recovered had my information on it.

Could there be damages in additional to the actual damages such as punitive damages ?
What economic damages can you show (dollar amount)?

Punitive damages potentially can be awarded IF compensatory or general damages are awarded. For punitive damages, in addition to the award of compensatory or general damages, you would need to establish, by clear and convincing evidence, that the thief-defendants committed their acts against you willfully and maliciously, or by intentionally fraudulent conduct, or by conduct that manifested a knowing and reckless indifference toward, and a disregard of, your rights. (Utah Code 78B-8-S201).

Do you plan to wait for a criminal trial before filing a civil action? You should consult with an attorney in your area to discuss your legal options.
 

LdiJ

Senior Member
The police did make an arrest, then they let the out of jail like the next day but then later the feds arrested them again. I don't know what is going on with them legally but I think the police reports will backup my story in civil court as one of the fake ID recovered had my information on it.

Could there be damages in additional to the actual damages such as punitive damages ?

In addition to the other advice you have been given, you need to remember that unless the thief has actual money or assets available that you can attach, you could spend a lot of money to obtain a judgement that you may never be able to collect.
 

zddoodah

Active Member
Can I sue them for identity thief to teach them a lesson?
Anyone can sue anyone for anything. "[T]o teach [him/her] a lesson" is a dumb reason to sue. The reason to sue is to recover damages for the harm caused by the defendant. Whether you have any appreciable chance of recovering any money is something we obviously can't know. Consult with a local attorney.
 

quincy

Senior Member
Anyone can sue anyone for anything. "[T]o teach [him/her] a lesson" is a dumb reason to sue. The reason to sue is to recover damages for the harm caused by the defendant. Whether you have any appreciable chance of recovering any money is something we obviously can't know. Consult with a local attorney.
That actually depends on what type of lesson you plan to teach.

If the lesson is “crime doesn’t pay” or “don’t mess with Elonshomemusic,” a successful lawsuit that comes with a hefty award of damages can teach a defendant that lesson pretty well. :)
 

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