Legal Question in Criminal Law in California

A person using my information, social security, name and DOB is booked in NV State Prison for murder. I reside in California, and have never lived in NV. Before his conviction, he opened credits with my information, and now creditors call me day and night, even after I mailed copies of a police report to show them that this person stole my identity. I have not been able to apply for jobs because of this guy and the murder conviction on my record. I finally was able to get hired somewhere, now on top of this, he had kids with a women before he went to jail in NV and she used my social security to request child support and they are now taking money out of MY check. I have been to the Social Security office informing them of the situation and I feel scared, I cannot live a normal life because this guy is a murderer, and now I am suffering as if I am the criminal. I have filed police reports with my local agency and Clark County in NV. No one has done anything. This has been going on for more than a couple years. I have been to a few attorneys and they have helped with some of the creditors. But for the most part I cannot find someone that can help with the criminal part and the rest of the collections. I want to take legal action now, but I do not know where to start. First can I sue the creditors for harassment? I have provided them with every document they requested proving that I am a victim of identity theft but they still call requesting payment. Can I sue Clark County for the money they are taking out of my check? Or do I go after the woman requesting the child support? Any other advice would be great. Thank you.


Asked on 7/30/10, 5:23 pm

5 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Sorry to hear about your predicament. You didn't get a summons to appear in NV child support court? That would be my first step.

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Answered on 8/04/10, 5:40 pm
Terry A. Nelson Nelson & Lawless

You have a lot harder task ahead than you think. Just filing a police report doesn't 'prove' he stole your identity, and the credit companies will tell you that. You are going to have to invest a lot of time and money in 'trying' to clear this up. You have to bring motions and petitions in all the various courts involved in this to get them to correct their records and stop the legal action[s] against you. You have to obtain a court ruling on the ID theft, which you can then use to try to correct the credit records, DOJ and state criminal data base records, etc, etc. If you are serious about spending the substantial legal fees and court costs involved in this, feel free to contact me.

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Answered on 8/04/10, 5:55 pm
Anthony Roach Law Office of Anthony A. Roach

You need an attorney in Nevada to deal with Clark County's Child Support Services Department. I suggest you repost for Nevada attorneys.

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Answered on 8/04/10, 6:25 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

What you need is a reporter from the NY Times or 60 Minutes. And a screenwriter.

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Answered on 8/04/10, 8:52 pm
Brian McGinity McGinity Law Office

This kind of thing can be absolutely horrible. The identity theft issue can take "forever" to clear up and then the creditors will still call. The mix up in the court records is a mess and you will need to hire an attorney to get it straighten out. It is probably going to require an attorney in NV. The issues with the guy's child support is also a fraud issue and should be reported to Child support services in NV. They may even be able to assist you in straightening that part out!

I would suggest talking to a few different attorneys. Such as: Criminal attorneys who also handle government tort actions. In California there are special rules when the government is sued. I do not know what the rules are in NV. You may want to call the Nevada State Bar and get some referrals. You could also call the Clark County Bar Association and get some referrals. Once you start calling attorneys you'll get some further referrals which will start to lead you in the proper direction. However, you will need an attorney.

Good Luck

Brian McGinity

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Answered on 8/06/10, 3:20 pm


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