Can you sue your spouse for identity theft?

While largely disposed of across the country, the concept of tort interspousal immunity may impact a claim for theft or fraud. This legal concept arose out of the belief that the married couple was one person, typically the identity of the male. Therefore, the law opined that a spouse should not be able to sue himself.

Can you be held liable for identity theft?

While the individual perpetrator of identity theft could be held liable, others may have liability as well. Often, these other liable parties are those that have access to sensitive personal information, such as your Social Security number or bank or credit card information.

Can I charge my husband identity theft?

Spouses that continue to open accounts under their spouse’s name and information will be considered identity thieves and can be subjected to identity theft charges. Additionally, victims of spousal identity theft can file for divorce if amends cannot be made.

Can I press charges for identity theft?

Identity theft in California can be charged as either a felony or a misdemeanor depending on (1) the defendant’s criminal history, and (2) the specific facts of the case. A person convicted of misdemeanor identity theft faces up to one year in county jail, a fine of up to $1,000, or both.

Can I sue bank for identity theft?

Banks and credit card issuers that process fraudulent transactions can be sued if it is shown they owe a duty of care to the victim. Several states have established their own identity theft laws making it easier for victims to sue.

How much can you sue for identity theft?

If successful, the victim of identity theft is able to recover actual damages, attorneys’ fees, costs and equitable relief. On top of these damages, a consumer may also recover up to $30,000.00 in the form of a civil penalty from the claimant.

What do police do about identity theft?

If you’re a victim of identity theft, filing a report will start an investigation to restore your credit and good name. You should file a report if you know the person who committed fraud, or if your identity was used in a police encounter like an arrest or traffic citation.

What to do if your spouse is an identity thief?

Another option is a legal separation, which gives the victim an opportunity to separate both physically and financially. Spouses that continue to open accounts under their spouse’s name and information will be considered identity thieves and can be subjected to identity theft charges.

Can a spouse Sue a spouse for theft?

This often requires showing that the victimized spouse has an immediate right to possession to the property, that the other spouse unjustly took the property and the value of the property in question. Claims of fraud may arise during the marriage or divorce if one spouse made a material misrepresentation about the value of assets or income.

Is there a problem with spousal identity theft?

Overall, spousal identity theft is a real problem that affects many people on a regular basis. Staying aware of the dangers of spousal identity theft can help you prepare for stolen identity situations that may arise between you and your spouse.

Can You prosecute an ex spouse for credit card fraud?

Identity theft is a federal offense in which a person steals another person’s sensitive information to fraudulently open credit accounts in that person’s name, usually with the intention of purchasing goods and services without paying for them.

Can a woman Sue her ex for identity theft?

Unless you are well off and can afford to pay the debt just to put your ex and his shenanigans behind you, you should try to fight this case of spousal identity theft. Robert Siciliano, an identity theft expert with BestIDTheftCompanys.com, says, “We see this all the time. She would have to sue her ex and win to be relieved of any debt.”

What to do if your ex spouse opens a credit account for himself?

Thus, if your ex-spouse is using your information or your children’s information to open credit accounts for himself, he is guilty of identity theft. Contact your local police and your state’s attorney general regarding identity theft.