Fulton, KY asked in Identity Theft for Tennessee

Q: From an incident how long do you have to sue

I incident happened several years ago where a lady had stole my identity walked into a Union City Bank and was able to get everything out of my bank account she had put her picture on top of mine she went to jail but I was never retrieved my money and she got about a loan in my name and that security finance Tennessee and nothing was ever done

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2 Lawyer Answers
Anthony M. Avery
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  • Knoxville, TN
  • Licensed in Tennessee

A: Three year SOL for Conversion. But it is up to Defendant to plead the statute of limitations not the Judge to bring it up, so you might consider filing suit in General Sessions for under $25K if you can server her. If you get a Judgment, then start hunting her down as far as a job, land, bank accounts, vehicles, etc. I doubt the DA's Victim Compensation Fund would help you now.

James L. Arrasmith
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A: The time you have to sue for identity theft or fraud depends on the statute of limitations in your state. In Tennessee, the statute of limitations for fraud is generally three years from the date you discovered the fraud. This means you would need to file a lawsuit within three years of realizing your identity was stolen and your accounts were compromised.

Given that this incident happened several years ago, you may be outside the statute of limitations for filing a lawsuit. However, it's important to verify the exact dates and consult with a legal professional to see if there are any exceptions or other legal avenues you can pursue.

If you're unsure about your rights or the timeline, reaching out to a lawyer who handles identity theft cases can provide you with the best guidance. They can help you understand whether you still have options to recover your losses and what steps to take next.

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