Lawyers, Answer Questions  & Get Points Log In
California Identity Theft Questions & Answers
1 Answer | Asked in Employment Law and Identity Theft for California on
Q: I got laid off in 2020, my ex employer is still using my information for shipping docs. Is that identity theft?

It's been almost 2 years and my name, signature etc is still used in my previous job, is that legal?

Brad S Kane
Brad S Kane
answered on Jul 18, 2022

First, I would ask your employer in writing to remove your name from their shipping documents.

Second, you may be able to bring a claim for unauthorized use of your name for a commercial purposes under Civil Code 3344, which provides for $750 in statutory damages, actual damages, profits...
Read more »

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Identity Theft for California on
Q: I was with my son at this house and i was woken up by individual told to get up and so i did and i realize they took

Everything i had my information in and as i stood i the living by 6 individuals and was told to give them a cellphone i took which i never did i was told to take all my clothes off to show i didnt have it and i said no and i had no choice or else my son would wake up with no mommy and they said... Read more »

Dale S. Gribow
Dale S. Gribow
answered on May 11, 2022

The DA represents a victim.

A criminal lawyer rep rests those that are alleged to have done something wrong

2 Answers | Asked in Criminal Law, Identity Theft and Legal Malpractice for California on
Q: CAN AN ATTORNEY REALLY WORK ON A CASE WITHOUT EVER TALKING TO CLIENT ABOUT THE ALLEGATIONS OR DETAILS OF THE CASES?

I HAVE HAD 3 CONFLICT ATTORNEYS I WAS ARRESTED DEC OF 2021 NEXT COURT DATE IS PRELIM . ONLY CONVERSATION WAS ABOUT A DEAL FROM DA NEVER ABOUT ANY TYPE OF DEFENSE OR DETAILS. 3 FELONY CASES

John Karas
John Karas
answered on Apr 24, 2022

This is how the criminal "justice" system works. You get what you "pay" for.

FYI, Conflict Counsel in Riverside County only get paid a flat fee of $500 (unless the case goes to trial, then it's a measly $1,500). No reasonably competent criminal defense attorney...
Read more »

View More Answers

1 Answer | Asked in Consumer Law and Identity Theft for California on
Q: If a credit card company denied claim of fraud, what next 1940$
Yelena Gurevich
Yelena Gurevich
answered on Mar 22, 2022

an attorney would need more facts to assist you. contact a consumer protection attorney right away and have documents ready for the attorney to review.

1 Answer | Asked in Identity Theft, Traffic Tickets and Internet Law for California on
Q: What laws exist in California around taking and attending an online traffic school course in someone else’s place?

With consent and necessary information provided, can someone legally attend/complete an online traffic school course for the consenting individual?

Maurice Mandel II
Maurice Mandel II
answered on Feb 24, 2022

Yes, falsely representing yourself as another individual to attend traffic school for them is a CRIME. Do not do it or have it done for you. The penalty will be much worse than the ticket, you could go to jail.

1 Answer | Asked in Consumer Law, Federal Crimes and Identity Theft for California on
Q: Hello, my mother was the victim of a scam involving phone hacking, credit card theft and gift cards. Seeking legal help.

We want the bank to drop the credit card charges, but they insist there was no fraud. I need help building a case to prove that the funds were stolen/coerced (about $8,000). Should I seek legal counsel from a consumer protection lawyer or is this identity theft? Who could help me with this case?... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Feb 11, 2022

This is both a consumer issue and identity theft. You definitely want to consult with a consumer protection attorney. You also want to make sure you file an identity theft report with the FTC (https://www.ftc.gov/faq/consumer-protection/report-identity-theft). You also want to send written, by... Read more »

1 Answer | Asked in Criminal Law and Identity Theft for California on
Q: What type of lawsuit would I have if someone never returned $24,000?

A person I was with in Las Vegas put something in my drink and “borrowed” a large sum of money. He’s since admitted he owes it to me but is not paying.

Dale S. Gribow
Dale S. Gribow
answered on Nov 19, 2021

you probably need a civil litigator.

however, the amount is to small for most lawyers to take this on a contingency.

it sounds like an hourly case and would not be worthwhile for you to do this.

if you can't collect, sue for $10k in small claims and waive the...
Read more »

1 Answer | Asked in Civil Rights, Employment Discrimination, Environmental and Identity Theft for California on
Q: How do resolve current issues
Maya L. Serkova
Maya L. Serkova
answered on Nov 13, 2021

Your post is missing the actual facts. Please resubmit your question with a description of your issues. This will help us better assist you.

6 Answers | Asked in Bankruptcy, Identity Theft and Small Claims for California on
Q: Can a bank collect a debt on a credit card 13 years after the last payment was made?

I was contacted by a law firm representing US Bank. For a credit card that was open in 2005 and payments made on it until 2008. A balance of 5000 was never paid. I have no recollection of this. It has never been on my credit report. It could have been opened by my ex wife. We were going through a... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Nov 5, 2021

it is likely past the statute of limitations but an attorney would need to review what you are receiving and get more facts to further advise you.

View More Answers

1 Answer | Asked in Identity Theft for California on
Q: My Identity was stolen and the person responsible got my info from my old employer. Can I hold them responsible?

I left my old job in 2016 and never got a chance to clean out my locker. I believe whom ever they gave my locker to got that info from old check stubs I forgot I left in there. The fraud starts in 2016 with my old address and phone number linked to my previous employer with many inquiries for... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Oct 12, 2021

not likely unless you have specific proof showing your old employer gave your information to the person that stole your identity (knowing that the person will steal your identity). it's a hard burden to prove.

1 Answer | Asked in Consumer Law, Criminal Law and Identity Theft for California on
Q: I was scammed by accepting fraudulent check and asked to transfer money to a bank account

I have filed police complaint.The person cheated me by signing lease and showed fake ID proof .Sent.me.fake check for deposit and little over of deposit amount and asked me to transfer remains amount to his bank account

I know only the bank account number and routing number and bank... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Oct 4, 2021

much more info is needed.

if the amount is under $10,000, I would suggest going to small claims court where you can get a date within months rather than many years.

you probably can't afford to hire a lawyer for this and even if you could you might be throwing good money after...
Read more »

1 Answer | Asked in Criminal Law and Identity Theft for California on
Q: Can I be charged 4 months after my case reads not guilty on all charges?

On 11/30/2016 my file reads not guilty on 4 felony counts. But on 3/13/2017, 1 of the charges I'm forced to take a plea bargin is this legal?

Joseph Abrams
PREMIUM
Joseph Abrams
answered on Jul 12, 2021

You present very limited facts here to really know what is going on. But to the extent you were previously found not guilty on a criminal charge after a trial, you cannot again be prosecuted by the same court for the same charge; in other words, you cannot be subjected to "double... Read more »

2 Answers | Asked in Criminal Law, Domestic Violence and Identity Theft for California on
Q: Can you check to see if i have a warrant in ventura county my boyfriend is attempting to get rid of me. For a reason.

I know something about him that he absolutely doesnt want told. So he has planned ling and hard to make me appear something i am not. He physically and mentally terrorizes me.

John Karas
John Karas
answered on Jul 5, 2021

As Abraham Lincoln (who was an attorney before he became president) once said, "An attorney's stock in trade is his (or her) time". If you want an attorney to find out if there is an outstanding warrant for your arrest, hire a lawyer.

Otherwise, go on the Ventura County...
Read more »

View More Answers

2 Answers | Asked in Criminal Law, Federal Crimes, Identity Theft and Stockbroker Fraud for California on
Q: Who investigates false documents and fraud done to the deceased

Yeah because I have reason to believe that my father's name was changed my mother's name was changed and then they made everything look that way now people are benefiting from everything that's written on the story and then it appears that my father and my mother the identity was... Read more »

Joseph Abrams
PREMIUM
Joseph Abrams
answered on Jun 20, 2021

Most fraud offenses can be investigated by either local or federal authorities. If you have evidence of a criminal fraud or identity theft, you can begin by reporting that evidence to either your local police department of FBI field office.

- Law Office of Joseph Abrams, Anaheim, CA

View More Answers

1 Answer | Asked in Criminal Law and Identity Theft for California on
Q: Me and my girl are out bail . We are both being charged with handgun that was not in neither one of us possession.

The people that said I had gun have there stories mixed up. Now I think DA wants to get me with being ex felon charges. Can I qualify for probation . Or ankle monitor.

Dale S. Gribow
Dale S. Gribow
answered on Jun 16, 2021

MORE INFO NEEDED.

WHEN THEY SAY POSSESSION, IT DOESN'T HAVE TO BE ON YOU. YOU JUST HAVE TO HAVE CONSTRUCTIVE POSSESSION.

FOR INSTANCE, IF YOU ARE DRIVING AND THEY FIND IT IN YOUR CAR (OR IN YOUR APARTMENT), THAT IS CONSIDERED POSSESSION......IE YOU AARGUABLY HAVE CONTROL OF IT....
Read more »

1 Answer | Asked in Identity Theft for California on
Q: In 2018 i was hit with a bankruptcy on my credit report that is not mine . How can I remove it
Yelena Gurevich
Yelena Gurevich
answered on Apr 26, 2021

you need to send a dispute letter to each credit bureau, identifying yourself clearly, and disputing the entry on your credit. The credit bureaus will then need to investigate and remove the entry. If they do not, you may have a case against them and at that point you will want to contact a... Read more »

1 Answer | Asked in Identity Theft for California on
Q: The mother of my children is from a different country is here illegally and is using a dead famaly members identity.

How would I handle this at court.

Maurice Mandel II
Maurice Mandel II
answered on Mar 19, 2021

Interesting question, but lacking in details. First, what court? As Plaintiff or Defendant? Criminal or Civil? Can you steal the identity of a dead person? Probably so, but who gets to complain? Do you have to initiate a Probate? Or are you seeking to have the mother of your children criminally... Read more »

3 Answers | Asked in Criminal Law, Civil Rights and Identity Theft for California on
Q: Father in law sold my fiances car without his consent

So my fiance had a 66 shelby mustang that he worked very hard to get, it was his dream car. unfortunately, he thought he could trust his own flesh and blood father to store the mustang in a garage at his condos complex because we were having issues with thugs around our apartment vandalizing our... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Mar 11, 2021

I have always found it difficult to offer legal advice to people who would not be the client. The potential client is your fiance. I have no idea what, if anything, you may tell your fiance, so trying to give second hand legal advice in these situations is always difficult. Nevertheless, suggest... Read more »

View More Answers

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Identity Theft and Public Benefits for California on
Q: Hi I’m being falsely accused of fraud by the department of human assistance in Sacramento ca I need my identity stole
Yelena Gurevich
Yelena Gurevich
answered on Mar 10, 2021

you have no question pending. you are going to want to speak with an attorney to go over all your facts and circumstances to determine your rights and options.

1 Answer | Asked in Identity Theft for California on
Q: how do i get my money back from debit card fraud
Yelena Gurevich
Yelena Gurevich
answered on Mar 10, 2021

it depends. an attorney would need to review all the facts and circumstances before you could get a substantive answer to your question.

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.