Can I suea statebecause they let my cousin illegally put a business license in my name?

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Can I suea statebecause they let my cousin illegally put a business license in my name?

I moved out of NV in 12/07. I did leave some personal information behind while living with my aunt. My cousin went into the Department of Taxation and filled out an application for a business license; she signed the application using my name as well as using my police department license as a source of identification. The application was signed and dated on 02/22/08. It has all my information on it – social security number, name , address (the address I used when living with my aunt), and my date of birth (which is incorrect).

Asked on January 13, 2011 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What exactly did the state do wrong? Someone came to it with your information and applied for a business license; the state did what's it's supposed to, and granted that license. The wrongdoer here is your cousin, who may have committed any of several crimes, including (dependiing on exact circumstances) identity theft and fraud. You could report her to the police and/or sue her for damages. The state, though, did nothing wrong and you have no grounds to sue it, except perhaps IF you can show that a state employee knew that this was wrongful and colluded with your cousin; in that case, you may have a cause of action against that employee and possibly against the state as his or her employer.


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