Can I sue my roommate for using my identitification to withdraw over a grand from my bank account? 6 Answers as of February 02, 2011

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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The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Yes. If you are in California, the criminal process will end with a restitution order. However, that may not get you the $1000 very fast and it will not provide for other issues such as emotional distress. The primary question is whether or not ex-roommate has any or will ever have any money.
Answer Applies to: California
Replied: 2/2/2011
Law Office of Marc K. Herbert
Law Office of Marc K. Herbert | Marc K. Herbert
Yes, you can sue him for your losses in civil court. However, civil litigation is very expensive and it may be very difficult to obtain any money from him once you obtain a judgment in a civil case.The better plan would be to provide the police and DA with all documents which show the money lost due to the room-mate's actions.

When the case is settled in criminal court, he/she will be ordered to pay restitution for all money losses due to these incidents.If he/she fails to pay full restitution, he/she can be sent to county jail (on misdemeanor case) or state prison (on a felony case). It may take a while, but most people pay restitution instead of going to jail/prison, being released and still owing restitution anyway.

If you would like to talk about this case in more detail, please call my office.
Answer Applies to: California
Replied: 2/2/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
You can sue in small claims court to recover your damages up to $7500.00.
Answer Applies to: California
Replied: 2/2/2011
The Pedigo Law Corporation
The Pedigo Law Corporation | Brian T. Pedigo, Esq.
Yes you can. Your roommate committed several civil torts in California.
Answer Applies to: California
Replied: 2/2/2011
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