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

UPDATED: Jan 13, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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