Legal Question in Personal Injury in Louisiana
Someone used my email address. They said they didn't. For almost two years I've been through it with data base cos., search engines, and the like, trying to get my email address removed from endless sites. My email address was attached to this person's address, and phone number. It has been a nightmare. Just this week I finally got word, in print, from a database co. that this person had in fact used my email address and this was the start of this problem. Can I sue? And for what? I am not sure what category this would fall under.
Thanks,
Laura
1 Answer from Attorneys
Yes, it sounds as if you can sue for a number of things, including invasion of privacy and identity theft. Identity theft is also a crime that you can report to the police.
When filing suit against an individual, the first thing to ask is whether this person has anything of value to sue for. The things you are suing for are intentional acts, not negligent acts. Insurance won't cover them. If they have no home of their own and do not have much money, you may end up with a Judgment that you cannot collect.
If they do have sufficient assets, you can talk to an attorney about filing suit, or file your own suit in small claims court without a lawyer. Know that if you go to small claims court, you are limited to $3,000 in city court and $5,000 in a justice of the peace court.
In either event, you will have to pay costs up front, but they will be reimbursed if you win. Attorney's fees may not be reimbursed, but may be taken out of the Judgment, depending on whether you find an attorney that will take the case on a contengency or not.
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