Legal Question in Credit and Debt Law in Virginia

Identity Theft in another State.

I found out this past Friday that an individual had assumed my name and social security number and secured himself a virginia driver's license and since April 4th 2001,had a credit account with a furniture store. He owes the store about 3500 dollars. The only reason they found out the fraud was because he stopped paying in Aug of 2002. I contacted the 3 credit bureas and did fill out the id theft affidavit. But I don't know at this time what other frauds were commited in my name or criminal acts. I did file 2 police reports one local and one in virginia. For the last 2 years I have been attempting to gain employment and I have been unsuccessful. I believe this occcured because of credit checks done by potential employers I was rejected because of his fraudulent activity. If he is caught and has assests , can I sue him for those assets on the grounds his fraud damaged my ability to gain employment and plus would this be considered a Local civil case or a federal one?


Asked on 5/07/03, 9:55 am

1 Answer from Attorneys
John Sawyer Sawyer & Azarcon, P.C.

Re: Identity Theft in another State.

You should obtain copies of all of your credit reports from all credit reporting agencies. If you find mistakes, advise them specifically and in writing and by certified mail, return receipt requested and give them thirty days to correct the mistakes and furnish you a copy of the corrected report. Be ceratin to include full documentation on all mistakes.

If the reports are not corrected, you should consult with legal counsel -- you will not be able to handle it on your own.

I think that suing the responsible individual is very likely a waste of time. If he is caught, he will likely go to jail. I doubt seriously that the personal will have any assets or income for you to levy on or garnish.

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Answered on 5/07/03, 11:13 am


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