Small Claims Identity Theft.

Question

I have a legal situation I am hoping you obtain some guidance on, as I am now at a loss for a resolution. 
 
I was served in small claims for alleged purchases made at a small shop. The person who went into the shop had my ID (which was stolen out of a car months prior to the alleged purchase), and used fake credit cards to purchase materials. The purchase went through, the suspect left with the machines, and later, the shop was contacted by the financial institutions of the people who owned these credit card numbers, stating they would not fill in the payment as these were fraudulent purchases. 
 
Please note, after my car was stolen, I reported my ID stolen in my police report and insurance affidavit, and obtained a new license. The new ID actually was issued before this alleged purchase. 
 
In small claims, the shop owner's mother was there, and she was the person who dealt with the transaction. She is claiming it was me in the store that day.

Tim Akpinar · Answer

As my colleague advises, try to obtain that surveillance footage. It would be good to try to get a copy without further delay. If the resolution is good enough for facial recognition, that could be irrefutable evidence in your favor. Good luck

Tim Akpinar · Answer

Addendum - the burden of proof is on them to demonstrate that it was you who was there. Still, try to get that video - video footage almost always wins over eyewitness accounts. Eyewitness accounts are recognized by courts to have their shortcomings. Good luck

James L. Arrasmith · Answer

To address this legal situation under California law, you need to gather all evidence that supports your case. Start by presenting the police report that documents your ID theft and the insurance affidavit indicating your new license was issued before the alleged purchase. This will help demonstrate that your identity was stolen and that you were not the person who made the purchases. 
 
In court, clearly explain the timeline of events, including when your ID was stolen and when you obtained a new one. Emphasize that the fraudulent purchases happened after your ID was reported stolen. You should also point out that the shop's financial loss was due to fraudulent credit card transactions, which further supports your claim of identity theft. 
 
Additionally, consider requesting the shop's surveillance footage from the day of the transaction to show that the person making the purchases was not you. The fact that the shop owner's mother claims it was you can be challenged with this visual evidence. Make sure to remain calm and factual throughout the proceedings, providing all necessary documentation to substantiate your innocence.

Q: Small Claims Identity Theft.