What to do about identity theft when I was in foster care?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do about identity theft when I was in foster care?

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?

Asked on April 2, 2012 under Personal Injury, Colorado

Answers:

DRichard White / MoKan Personal Injury Group

Answered 9 years ago | Contributor

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.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption