How to Sue the Perpetrator of ID Theft
Identity thieves are subject to liability to their victims. Identity theft cases are complex and broad in scope and may take months or years to rectify. According to the 2007 Identity Theft Enforcement and Restitution Act, victims of identity theft can now file a lawsuit for any amount owed in a criminal as well as civil court of law to recover compensatory damages, emotional damages, punitive damages, and restitution. The facts of your case and who the defendant is will determine what "theory of liability" you can use in your prosecuting your case.
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Things You'll Need
- Personal injury attorney
- Credit alerts
- Police report
- Federal Trade Commission report
- Cancellation of all affected accounts
- ID Theft affidavit
- Journal documenting events of case
Instructions
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Contact a personal injury attorney to decipher the facts of your particular case, to determine if and how that you can sue the perpetrator, to advise you of your legal rights, explain legal issues, and help you recover your damages.
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Determine if the thief lives in the same state as you do, because if so, the case will be handled by the local police and authorities. If the thief resides in a different state than you do, it becomes a federal case and will be investigated by the FBI and the Secret Service. Federal cases may take longer to resolve but will be in the hands of more highly skilled professionals than local cases, which are processed quickly but without the same level of expertise.
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Criminally prosecuting the thief may recover personal damages and restitution, but you may need to pursue a civil case as well to get further compensation.
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Use an ID theft affidavit and also keep a journal of records of your expenses, damages, time lost, account activity, credit reports and any other information pertinent to your case that can be used as admissible evidence in a court of law.
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To sue the perpetrator of identity theft, you must file a claim with the Federal Trade Commission (http:ftc.gov/idtheft, or call 1-877-IDTHEFT) and the local police within 2 years of the discovery of violation or 5 years from the date of violation, which ever comes first.
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Tips & Warnings
By suing the perpetrator of identity theft you are protecting innocent others of falling prey to the same thief.
If the thief resides outside of the United States, it may be impossible to sue them in a U.S. court of law because authorities may not be able to find or identify the thief or thieves.
Do not give away confidential information in the form of emails. Banks and other institutions will never ask you to do this!
