QUESTION
Can I sue my roommate for using my identification to withdraw over a grand from my bank account?
Asked on Jun 15th, 2015 on Criminal Law - Wisconsin
More details to this question:
My roommate stole my wallet in October, then again in November and used my ID to pose as me at the bank and stole over $1000 dollars from me. He was arrested this morning, but can I sue him and take further action for identity theft? I never got my ID back that he stole.
13 ANSWERS
That would be a yes.
Answered on Aug 27th, 2015 at 7:12 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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That would be a yes.
Answered on Aug 27th, 2015 at 7:11 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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You can. The question is will he be able to pay any judgment you get against him.
Answered on Jun 16th, 2015 at 2:26 AM
Ronald A. Steinberg
Your roommate committed a crime. Prosecute him or her. Go to the police and file a report. At the time of sentence, you can ask the judge to make restitution part of the sentence. Oh, you can sue civilly, but my idea is better.
Answered on Jun 15th, 2015 at 5:41 PM
James Eugene Hasser
Sure, but you may not have to. Odds are the authorities will require him to make restitution and pay you back.
Answered on Jun 15th, 2015 at 4:55 PM
Sure you can sue for the money you lost, but why did you let him steal from you twice?
Answered on Jun 15th, 2015 at 2:53 PM
Yes, but check with the DA first. Criminal restitution is far better than a judgment.
Answered on Jun 15th, 2015 at 2:52 PM
Thomas Edward Gates
You cannot sue for identify theft since that is a criminal act, not civil. Yes, you can sue for the lost of $1,000. Generally, the court will make restitution part of the defendant's sentence.
Answered on Jun 15th, 2015 at 2:32 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Yes you could sue him but you would have to sue him yourself and then chase him with an execution writ trying to find money in an account. Contact the deputy county attorney prosecuting the case and ask her to ask the Court for restitution(repayment) of your loss. Have your proof ready.
Answered on Jun 15th, 2015 at 2:07 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Yes you can sue your roommate.. HOWEVER since he was arrested.. (I assume for identity theft and using your id) contact the prosecutor and make sure that a "restitution order" is put in place .. that restitution order should act instead of a civil judgment against him (or her) to enforce your rights. Further, a restitution order is stronger than a lawsuit in that a restitution order never expires and cannot be discharged by bankruptcy (weaker in that it does not require payment of interest) so.
Answered on Jun 15th, 2015 at 1:59 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You can, but it might be easier to work with the District Attorney's office: many localities have a "victim witness assistance program" whereby funds are made available to you, and then recovered from the person charged. There are restrictions, limitations and conditions, so I don't know if you will qualify, but you can at least ask. Also, you should contact the Assistant District Attorney assigned to the case and (politely) insist that restitution be made part of any disposition. That means that if the roommate gets a plea bargain, you get your money back as part of the deal.
Answered on Jun 15th, 2015 at 1:20 PM
1 Award
Yes, you have the right to sue him. He took your money. There is enough evidence of the theft for the district attorney to prosecute him. You will have no problem winning the case. They may require your former roommate to repay you as part of the judgment that will be entered against your former roommate.
Answered on Jun 15th, 2015 at 1:02 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Yes you can. But the court may order restitution, and save you the trouble.
Answered on Jun 15th, 2015 at 1:02 PM