Van Nuys, CA asked in Consumer Law, Identity Theft and Small Claims for California

Q: Can I sue people that have been using my identity and have taken money from my bank account electronic transfers?

Can I sue the people that have been using my identity . I have proof of the accounts that were created screenshots of my personal credit reports and I even witnessed with my own eyes they programmed a digital key to my car. I was in a recent car crash but I did report the incident the next day after seeing what they did they didn't know I was in my car. The lady knows each account I have by the nicknames of accounts and knew when I had a freeze on them .no one else in the world knows about personal stuff like that besides me but since they know my ss number and everything they get access to everything. This is the main issue for me and my life. These neighbors have made my life horrible and they still are I have no privacy and when I told my landlord that's when he had me served with eviction papers. My money and credit gone cause of them. They network and do illegal stuff everyday if justice can't be served than they should pay me for what they have done. What type of case it this?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the situation you've described, you may have grounds for several legal actions. Here's a breakdown of the potential cases and steps you might consider:

1. Identity Theft and Fraud:

- This appears to be the primary issue. You can sue the perpetrators for identity theft and fraud in civil court.

- You should also report this to local law enforcement and the Federal Trade Commission (FTC).

2. Unauthorized Bank Transfers:

- You can sue for the money taken from your account through unauthorized electronic transfers.

- Also, contact your bank immediately to report the fraud and dispute the unauthorized transactions.

3. Invasion of Privacy:

- The actions you've described, such as accessing your personal accounts and information, could constitute an invasion of privacy.

4. Potential Criminal Case:

- While you can't personally file criminal charges, you should report all of these activities to the police. They may investigate and potentially file criminal charges.

5. Landlord Retaliation:

- If your landlord served you with eviction papers in response to your complaint about the neighbors, this could be considered retaliatory eviction, which is illegal in California.

Steps to take:

1. Document everything: Keep all evidence, including screenshots, credit reports, and any other proof of the identity theft and fraud.

2. Report to authorities:

- File a police report.

- Report the identity theft to the FTC at IdentityTheft.gov.

- Report the fraud to your bank and credit card companies.

3. Freeze your credit: If you haven't already, place a freeze on your credit reports with all three major credit bureaus.

4. Consult an attorney: Given the complexity of your situation, it would be wise to consult with an attorney who specializes in identity theft and consumer protection law. They can help you understand your rights and the best course of action.

5. Consider small claims court: For monetary damages up to $12,500 (as of 2024), you could file in small claims court. However, given the extent of the issues, you might be better served by filing in a higher court with the help of an attorney.

This situation involves multiple areas of law, including consumer protection, criminal law, landlord-tenant law, and potentially others. It's a complex case that would likely benefit from professional legal guidance. An attorney can help you determine the best way to proceed and potentially combine these issues into a comprehensive legal action.

Remember, the statute of limitations for various claims can differ, so it's important to act promptly. Also, keep in mind that while you can sue for damages, collecting on a judgment can be a separate challenge, especially if the defendants don't have significant assets.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.