Can I Sue the Person Who Stole my Identity?

Stories of identity theft are on the rise in this country, which comes as a surprise to those who have become rather comfortable with trusting various forms of technology in every facet of their lives. Indeed, our techno-centric lives have contributed to the creation of tech savvy criminals who can hack virtually any computer system or device.

Although it seemed like identity theft and account hacking were less prevalent for a few years, accounts of stolen personal identifying information are now on the rise again. Hackers have learned their way around firewalls, safety features and encryption settings designed to prevent this very crime.

It seems like nearly every day that we hear about a friend’s Facebook, email or other online communication/social media account being hacked. While those used to be more of a nuisance than a danger – we can now shop right from our Facebook and other social media profiles. This means a hacker can shop as you if they are able to gain access to your account(s).

Additionally, there have been far too many reports of corporations experiencing data breaches – nearly everyone has received at least one notification letter in the mail detailing what information of theirs was potentially stolen during their recent cyber attack. Even giants like Target and Equifax have been victims of cyber crime.

What would you do if you discovered that your personal information – that being your name, birth date, social security number, home address, and other identifiers was stolen during one of these data breaches and used by another person in order to create accounts in your name? The potential for damage to your credit score is huge. What recourse do you have?

While it can be a primal instinct to want to sue the pants off the person who stole your information, that isn’t always easy to do. However, if you are able to pinpoint the criminal in question (or the corporation who allowed your personal data to be leaked) – it is possible to sue for up to three times the damages you experienced.

As soon as you realize that another person has been using your personal information to make purchases or perform other actions while posing as you – make a police report at your local police station. The sooner your identity theft matter is on record, the better. It’s important not to simply ignore it and hope it goes away, because you definitely want to avoid hitting the statute of limitations on a crime like this. Reports show that the average identity theft victim spends an average of two years trying to prove their own identity, getting charges removed from credit cards and fixing credit reports that now contain false information.

For more information about New Jersey identity theft and the statute of limitations on such crimes in our state, read about the Wrongful Impersonation statute (N.J.S.A. 2C:21-17) and contact a certified and experienced NJ credit repair attorney to help you right the wrongs that have been done.

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