Legal Question in Personal Injury in Mississippi
What rights does a victim of identity theft have?
My 52 yr. old mother has been a victim of Identity Theft. We are in MS and the crime occured in NC. The girl was arrested for 1 charge, however through my own research I have found several other accounts this person used my mother's ss# to obtain. I have had to make many long distance calls and spent lots of time on this. Can my mother sue the girl that was charged, for all the long distance calls, time and aggravation? Even if the girl has nothing now, can we put a lean on future earnings or shouldn't we be able to collect some type of restitution? If we can, would the law suit have to be in NC or could it be done from MS?
1 Answer from Attorneys
Re: What rights does a victim of identity theft have?
Write the prosecutor a letter explaining what had to be done to clear up your mother's credit reputation. The information will be taken into account in determining an appropriate punishment.
Regarding suing the girl for damages, the place of the suit will have to be wherever the injury was inflicted, either where the girl was at the time of the fraud or in Mississippi. Wherever it is, the Court will have to personal jurisdiction over the girl based on her substantial contacts with the State or her voluntarily answering a complaint. Also, volunteer efforts and expenditures for your mother will probably not be considered in determining her damages, and you do not appear to have an independent basis for suing the girl.
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