Clovis, CA asked in Civil Litigation, Landlord - Tenant and Consumer Law for California

Q: what can I do if someone scammed me with a fake rental lease and made me pay half of the deposit to the secure the room?

I was looking for a room and through a website a renter messaged me and offered me a rental room with a lease they made themselves. They made me pay half of the deposit and requested a picture of my ID. On my part I should’ve known better to trust anyone. Can I take legal action for identify theft and being scammed?

2 Lawyer Answers
Yelena Gurevich
Yelena Gurevich
Answered
  • Consumer Law Lawyer
  • Studio City, CA
  • Licensed in California

A: This is not identity theft yet (based on the facts stated). Someone has to use your identity to do something (ie open a credit card in your name, incur debt in your name, etc) for it to be identity theft.

If you know the name and address of the person that scammed you, you can report it to the police and also file a small claims action for fraud against them. (I’m assuming small claims because I’m assuming the amount they took is under $10,000).

Also put all your bank accounts on notice of potential fraud and get extra security for bank account access.

Also make a dispute with your bank (or whatever payment method you used) for fraud and try to get the charge reversed.

James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: I am not offering legal advice, but in such a situation, it might be possible to pursue legal action against the scammer for fraud and potentially identity theft if your personal information was misused. Consult with an attorney experienced in fraud and consumer protection law to assess the details of your case and determine the best course of action under California law.

James L. Arrasmith

Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith

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