Legal Question in Civil Litigation in Missouri
Identity Theft
My sister has been a recent victim of someone stealing her identity. The suspects have opened various accounts from Discover Card to Radio Shack.
She is tracing all the transactions down and has to prove she was not the one who opened the accounts.
With all the stuff the suspects are putting her through, can she sue them for time lost, amount of money it has cost her to fix her credit, and for the mental anguish it is causing her?
1 Answer from Attorneys
Re: Identity Theft
I would first suggest contacting the authorities and making sure that the proper police reports etc. are filed. It is a tort therefore civil damages can be pursued, however recovering a judgment depends on the whether the person whom you sue has the means to compensate you. Whether the criminals who have perpetrated this would be able to be found, prosecuted and then have the means to compensate her in a civil matter is hard to guess. However, if she provides the official police reports, etc. to the proper credit reporting agencies as well as the credit card companies, she should at least be able to recover her credit record and whatever debts were charged to her accounts. Hope this helps.
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