Can I sue my roommate for using my identification to withdraw over a grand from my bank account? 20 Answers as of August 27, 2015My 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.
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
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.
Answer Applies to: Michigan
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
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.
Answer Applies to: Montana
James T. Weiner & Associates, P.C. | James T. Weiner
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.
Answer Applies to: Michigan
Andrew T. Velonis, P.C. | Andrew Velonis
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.
Answer Applies to: New York
End, Hierseman & Crain, LLC | J. Michael End
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.
Answer Applies to: Wisconsin