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California Identity Theft Questions & Answers
2 Answers | Asked in Family Law, Federal Crimes, Identity Theft and Criminal Law for California on
Q: In California can your husband cash in your IRA early and take the money for himself
John Michael Frick
John Michael Frick
answered on Oct 9, 2023

No. Only the account holder can cash in an IRA. Without express authority, one spouse cannot cash in an IRA held in an account held for the other spouse.

Be aware that some parties opening an IRA give another person (often their spouse) express authority to make withdrawals on their...
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2 Answers | Asked in Family Law, Federal Crimes, Identity Theft and Criminal Law for California on
Q: In California can your husband cash in your IRA early and take the money for himself
James L. Arrasmith
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answered on Oct 9, 2023

In California, an Individual Retirement Account (IRA) is generally considered separate property, unless contributions were made during the marriage using community funds, in which case it can be partially community property. If the IRA is solely in your name, your husband does not have the... View More

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1 Answer | Asked in Contracts, Criminal Law, Identity Theft and Landlord - Tenant for California on
Q: My question relates to someone who impersonated me via email and phone.

I gave my personal info to someone for a business transaction, but he used it to obtain an apartment, with me as a guarantor. He created a fake email and phone number and impersonated me to lease the apartment. I was never contacted by management at any time previous to the signing of the lease and... View More

James L. Arrasmith
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answered on Sep 24, 2023

Under California law, impersonating someone to fraudulently obtain an apartment lease can fall under identity theft (Penal Code Section 530.5) and may also be considered forgery (Penal Code Section 470) if he signed any documents using your name. Additionally, this activity may give rise to civil... View More

1 Answer | Asked in Criminal Law, Real Estate Law, Identity Theft and Landlord - Tenant for California on
Q: How did my sister sell my mobilehome without my permission in california.

My sister was a roommate while I've been away for two years because the police were looking for me. The question is is there a legal reasons she or the mobilehome park management could have made this possible??????

James L. Arrasmith
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answered on Sep 19, 2023

In California, selling a mobile home without the owner's permission can potentially involve unlawful actions such as fraud or misrepresentation. If you believe your sister or the mobile home park management engaged in such activities, you may want to consult an attorney to investigate and... View More

1 Answer | Asked in Criminal Law, Elder Law and Identity Theft for California on
Q: i was convicted of elder abuse /theft in 2018 i got my record expunged can i get my lvn license ?

Im currently about to graduate . Just need some answers

James L. Arrasmith
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answered on Sep 4, 2023

Under California law, having an expunged record doesn't completely erase the conviction; licensing boards like the California Board of Vocational Nursing and Psychiatric Technicians may still consider it. While having an expunged record may improve your chances, each application is evaluated... View More

1 Answer | Asked in Identity Theft, Real Estate Law, Civil Rights and Landlord - Tenant for California on
Q: How to take action against property management for giving multiple inaccurate notices and and commiting fraud?

Property management has been giving multiple pay or quit notices every month since last year some with large balances with no details of charges and others are stating large amounts owed but are extremely over charging months rent. In December the property management stated I owed $168.00 so I paid... View More

James L. Arrasmith
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answered on Sep 2, 2023

In California, you can start by filing a formal complaint with the California Department of Consumer Affairs' Bureau of Real Estate against the property management company for fraudulent activity. You may also consider small claims court for monetary disputes below a certain threshold, where... View More

1 Answer | Asked in Civil Rights, Landlord - Tenant, Consumer Law and Identity Theft for California on
Q: Where can I find a tenant rights attorney for low income that can provide legal help outside of discrimination.?

I'm seeking tenant rights legal assistance due to a problem's with my property management making threats to evict overcharging a months rent using my identity information to open utility account in my name with no agreement or any notification and charging over $2000.00 for it. Multiple... View More

James L. Arrasmith
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answered on Aug 5, 2023

Your situation is indeed concerning, and I understand the need for urgent legal assistance. In California, you may want to contact your local legal aid organization, as they often provide free or low-cost legal services to low-income individuals on a variety of issues, including tenant rights.... View More

1 Answer | Asked in Banking, Civil Rights, Constitutional Law and Identity Theft for California on
Q: A police officer threatened me when I wanted to file a report of a crime that took place against me in another country.

I was kidnapped in another country, the kidnappers have my phone with all my information, my family's information, and they made threats that they would harm me in the USA if I filed a report. I have thousands of dollars taken from my accounts, and now I am facing possible future harm to me... View More

James L. Arrasmith
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answered on Aug 5, 2023

Based on the facts provided, you potentially have a claim against LAPD and the City of Los Angeles for their failure to carry out their duty, however the specifics of your situation and how it was handled are critical. Success of a lawsuit would hinge on proving police negligence or misconduct,... View More

1 Answer | Asked in Criminal Law, Family Law, Constitutional Law and Identity Theft for California on
Q: I had questions about financial and emotional abuse, and emotional distress in the court of law and if it applies to me.

Dad kicked me out, and is stealing my financial aid ($13k+); and refuses to give me my legal documentation (passport, social security, birth certificate ect). I’m pretty much homeless because of his actions.

James L. Arrasmith
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answered on Aug 5, 2023

I am sorry to hear about your situation. Financial and emotional abuse can have serious legal implications. Under California law, financial abuse and withholding essential documents are unlawful actions. You may have grounds to seek legal remedies and assistance, such as obtaining a restraining... View More

3 Answers | Asked in Consumer Law and Identity Theft for California on
Q: Can i file a lawsuit on LinkedIn for having another user impersonating me and using my information?
James L. Arrasmith
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answered on Jul 21, 2023

If you have evidence of another LinkedIn user impersonating you and using your personal information, you may have grounds to file a lawsuit against that user for identity theft and/or misappropriation of your identity. Under California law, such actions can be considered violations of privacy and... View More

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2 Answers | Asked in Business Law and Identity Theft for California on
Q: I have a unique situation in which my father used my name to open up a company to pay his employees and avoid taxes and

Workers comp. Now that company is being sued and it’s in my name. What can I do. I also have power of attorney durable and under the grounds of not being able to make sound financial decision like not paying anybody he owes. It’s notarized and effective immediately

Maurice Mandel II
Maurice Mandel II
answered on Jul 9, 2023

Dad has stolen your identity? You need to notify the creditors of his company that you are not responsible, possibly contact the police or you may be on the hook for the costs, and taxes. This arises in the areas of taxation and business claims. I recommend you contact several attorneys in your... View More

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1 Answer | Asked in Real Estate Law and Identity Theft for California on
Q: What are my rights if someone is using my name to they bought property and trying to claim policy in my name
James L. Arrasmith
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answered on Jul 5, 2023

If someone is using your name to purchase property and attempting to claim a policy in your name without your consent, it's important to take action to protect your rights. To address this situation, you could gather evidence that shows you did not authorize the property purchase or the use of... View More

1 Answer | Asked in Criminal Law and Identity Theft for California on
Q: Is it illegal for someone to file unemployment on another person's name
James L. Arrasmith
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answered on Jun 26, 2023

Yes, it is illegal for someone to file for unemployment benefits using another person's name without their knowledge or consent. This type of fraudulent activity is considered identity theft and can lead to serious legal consequences. Filing for unemployment benefits typically requires... View More

2 Answers | Asked in Family Law, Criminal Law and Identity Theft for California on
Q: Im a victim of fraud identity theft and guardianship fraud my children are involved
James L. Arrasmith
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answered on May 11, 2023

Here are some steps you can consider taking:

1. Contact law enforcement: Report the fraudulent activities to your local law enforcement agency. Provide them with all relevant details and any evidence you may have. They can initiate an investigation and gather evidence to support your case....
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1 Answer | Asked in Criminal Law, Identity Theft and Personal Injury for California on
Q: What law enforcement you contact when persons have forged your name documents and taken property that's yours in La.?
James L. Arrasmith
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answered on Apr 28, 2023

If someone has forged your signature on documents and taken property that belongs to you in Louisiana, you should contact your local law enforcement agency. This could include the police department, sheriff's office, or other relevant law enforcement agency.

You should report the...
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2 Answers | Asked in Real Estate Law, Identity Theft and Criminal Law for California on
Q: What law enforcement you contact when persons have forged your name documents and taken property that's yours in La.?

Claiming to be me and living in my property

Anthony M. Avery
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answered on Apr 28, 2023

Call the Sheriff of the Parrish. Be prepared to give specific information including the recording information for the Deed. Forgery, Theft of Property and other crimes are involved here. How you found out about it, and how they got your name/ identity will be crucial issues. Ultimately an... View More

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2 Answers | Asked in Real Estate Law, Identity Theft and Criminal Law for California on
Q: What law enforcement you contact when persons have forged your name documents and taken property that's yours in La.?

Claiming to be me and living in my property

James L. Arrasmith
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answered on Apr 28, 2023

If someone has forged your signature on documents and taken property that belongs to you in Louisiana, you should contact the local law enforcement agency in the area where the property is located. This could include the police department, sheriff's office, or other relevant law enforcement... View More

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1 Answer | Asked in Criminal Law and Identity Theft for California on
Q: My friend died of an overdose. His car, wallet and identification is missing. Can I report it stolen? CA

He was found under an overpass alone. The police tell me that I have to be family in order to report the car missing. Once they heard it was an overdose, they didn't care.

James L. Arrasmith
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answered on Apr 25, 2023

If your friend's car, wallet, and identification are missing and you believe they were stolen, you can report the theft to the police. The fact that your friend died of an overdose does not preclude you from reporting the theft, and the police should take your report seriously regardless of... View More

1 Answer | Asked in Civil Rights and Identity Theft for California on
Q: Hi there, Spectrum company disclosed my home address to a third person, how can I sue them for violating my privacy?

The person they disclosed my information to only provided them with my phone number and based on that they got my address. Is this legal?

James L. Arrasmith
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answered on Apr 13, 2023

If Spectrum company disclosed your home address to a third person without your consent, this may be a violation of your privacy rights. You may have legal options available to you to seek compensation for any damages or harm that you have suffered as a result of this disclosure.

To sue...
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1 Answer | Asked in Federal Crimes, Identity Theft and Intellectual Property for California on
Q: When a Congressman and Mayor are involved in a stolen ID case, does that make it become a federal case?

My Ex roommate is using my SS# w a group of programmers to write software for a large corporation. I can prove everything, but can’t find a firm in intellectual properties. I have a 3rd party ready to confirm it.

James L. Arrasmith
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answered on Mar 21, 2023

It is possible for a stolen identity case involving a Congressman or Mayor to become a federal case, depending on the circumstances and the extent of the alleged wrongdoing. However, whether or not a case becomes a federal matter ultimately depends on a number of factors, including the severity of... View More

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