What to do about identity theft when I was in foster care?
Question Details: I was in foster care for over a 10 year and aged out when I was 18 (4 years ago). I then found out that a person they gave guardianship to used my info to rack up bills on my credit. Now I'm denied for everything and causing more debt. I know last year my state passed a law saying they had to do a credit check on all foster youths and clear their name before aging out but is there anything I can do legally against my old guardian or the agency?
Recovering from a stolen identity isn't easy, but victims are not without recourse. Both criminal and civil law provide ways for victims to gain restitution for their losses and seek justice against the perpetrator or responsible third parties. If you have had help getting your credit records cleared of the identity theft and you want to take some action against the person who stole your identity you can report the matter to the police and seek to have the person criminally prosecuted. In most states as in Kansas there are criminal laws with respect to crimes involving violations of personal rights. Pursuant to the laws in Kansas identity theft is knowingly and with intent to defraud for any benefit, obtaining, possessing, transferring, using or attempting to obtain, possess, transfer or use, one or more identification documents or personal identification number of another person other than that issued lawfully for the use of the possessor. According to the law identity theft is a nonperson felony. A successful criminal prosecution may result in an order of restitution compelling the perpetrator to pay the victim for losses caused by the identity theft. Although restitution may fully compensate some victims, others may want to pursue a civil lawsuit. An identity theft victim can sue the perpetrator of the crime, seeking compensation for both economic damages and noneconomic damages, such as pain and suffering. Depending on the facts, the suit might invoke various common law causes of action, including misrepresentation, fraud, or conversion.
