Can I sue my roommate for using my identification to withdraw over a grand from my bank account? 20 Answers as of August 27, 2015

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.

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
See website for info on pressing charges:
Answer Applies to: Georgia
Replied: 6/18/2015
Universal Law Group, Inc. | Francis John Cowhig
You can. The question is will he be able to pay any judgment you get against him.
Answer Applies to: California
Replied: 6/16/2015
Stephens Gourley & Bywater | David A. Stephens
Yes you can.
Answer Applies to: Nevada
Replied: 6/15/2015
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
Replied: 6/15/2015
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
Sure, but you may not have to. Odds are the authorities will require him to make restitution and pay you back.
Answer Applies to: Alabama
Replied: 6/15/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Yes, but check with the DA first. Criminal restitution is far better than a judgment.
    Answer Applies to: California
    Replied: 6/15/2015
    Law Offices of George H. Shers | George H. Shers
    Sure you can sue for the money you lost, but why did you let him steal from you twice?
    Answer Applies to: California
    Replied: 6/15/2015
    Gates' Law, PLLC | Thomas E. 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.
    Answer Applies to: Washington
    Replied: 6/15/2015
    Ksicinski
    Ksicinski | Paul Ksicinski
    Yes you can but you better do it quickly since your roommate may have other debts!
    Answer Applies to: Wisconsin
    Replied: 6/15/2015
    Vandervoort, Christ & Fisher, P.C. | James E. Reed
    That would be a yes.
    Answer Applies to: Michigan
    Replied: 8/27/2015
    Bulman Law Associates PLLC Injury Law Firm
    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
    Replied: 6/15/2015
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    That would be a yes.
    Answer Applies to: New York
    Replied: 8/27/2015
    James T. Weiner & Associates, P.C.
    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
    Replied: 6/15/2015
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    That would be a yes.
    Answer Applies to: Washington
    Replied: 8/27/2015
    Ty Wilson Law | Ty Wilson
    You should contact the district attorney's office and explain that you are the victim. They may as a part of the sentence require your roommate to pay you back what was stolen. Good luck.
    Answer Applies to: Georgia
    Replied: 6/15/2015
    Andrew T. Velonis, P.C.
    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
    Replied: 6/15/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    You can sue for the money that was taken from you. You may have a good claim against the bank also.
    Answer Applies to: Connecticut
    Replied: 6/15/2015
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    You can sue anyone. The question is whether you can collect on the judgment. Your best option is to seek an order of restitution from the criminal judge.
    Answer Applies to: Illinois
    Replied: 6/15/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Yes you can. But the court may order restitution, and save you the trouble.
    Answer Applies to: Wisconsin
    Replied: 6/15/2015
    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
    Replied: 6/15/2015
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