Legal Question in Criminal Law in California

identity theft and mail theft

My brother died a year ago and it has taken us this long to get the xgirlfriend and adult daughter (living as roommates for last 10 years) out of my brothers house. When they left, they took everything and i mean everything. he did not have a will which means his stuff passes to his siblings as he had no wife or children, but there is nothing left to pass. Now we find out that one of them has a drivers lisence with our last name on it and some mail that came to the house is in my dads name and another one. one of them is an x felon doing same kind of thing in past. This one also filed a claim with the insurance company (aarp) and had the checks come to her. She mailed the check with my name on it to my brothers bank to try to deposit it but they did not do it. I do have the bank info showing this.

What can be done to put this person in jail for her crimes?


Asked on 3/17/08, 7:13 pm

2 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: identity theft and mail theft

You must file a police report as soon as possible. Police investigate and the DA decides whether to file any charges. This does not cost you anything. If you were hurt financially you might be entitled to restitution from the defendant(s) as part of the criminal proceedings against them.

A civil lawsuit might be a different story. You would need to hire a lawyer on your own which might not be worth it.

Very best,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Read more
Answered on 3/18/08, 12:23 am
Terry A. Nelson Nelson & Lawless

Re: identity theft and mail theft

I don't know, but the police will when you file a formal complaint with them. The police are the only ones who can charge people with crimes.

Also contact the insurance companies to report fraud.

While the family may have the right to sue the wrongdoers, you'll first have to figure out whether it makes any economic sense to do so [highly unlikely in your case]. There is no point suing someone who you can't collect a judgment against, who doesn't have any net worth or assets. You'd just waste the time and money a lawsuit costs.

Read more
Answered on 3/17/08, 7:59 pm


Related Questions & Answers

More Criminal Law questions and answers in California