Can I still recover my money if someone steals my identity and gets my tax refund?

If the refund has not yet been issued, you should contact the tax authorities immediately to alert them to the problem and make sure the refund comes to you. If the refund has been paid to someone else and the government agency has acted reasonably in paying the refund, you likely have no claim against the government. I would nevertheless contact the IRS or the FTB, to explain the situation and see if they can help. Of course, you have a claim against the person who stole your identity and/or received your refund. You will need to evaluate whether it makes sense to pursue that person through the courts. Small claims court may be an appropriate venue for you, provided the amount of your loss is not too high. You will also need to decide if the defendant can pay any judgment you obtain. Many courts in California have a Small Claims Advisor that can help you with the paperwork though they cannot provide legal advice as to your claim.

If you know who stole your identity, you should file a criminal charge and notify the Federal Trade Commission. Your local police department may be able to help. There is a lot of information about identity theft on the IRS web site, www.irs.gov. You will probably have to file a civil lawsuit against the person, get a judgment, then try to collect on the judgment. Good luck.