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Saturday, May 20, 2017
Identity Theft – How Long Do I Have to Sue?
Identity Theft Laws
Laws pertaining to identity theft vary from state to state. Under Kentucky law, identity theft is punishable by up to 12 years in prison, $500,000 in fines, and possible restitution to the victim.
Can I Sue and How Long Do I Have?
Kentucky Revised Statute 532.034 states that a person found guilty of identity theft can be ordered to make restitution for financial loss sustained by a victim. Financial loss may include any costs incurred by the victim in correcting the credit history of the victim. Financial loss may also include costs incurred in connection with any civil or administrative proceeding to satisfy any debt or other obligation of such victim, including lost wages and attorney’s fees.
Additionally, Kentucky Revised Statute 411.210 states that victims of identity theft have a cause of action to collect damages either where they reside or where the defendant resides. Victims have five years to sue after the date they discovered the identity theft.
How Will I Know If I Am a Victim of Identity Theft?
- READ YOUR BILLS – search for charges you did not buy that may indicate identity theft.
- WATCH YOUR BANK STATEMENTS – any withdrawals you did not make?
- CHECK YOUR MAIL – getting a new bill you did not know about?
- GET YOUR CREDIT REPORT – are there accounts you don’t recognize?
- HAS YOUR FINANCIAL INSTITUTION REPLACED YOUR CREDIT/DEBIT CARD?
You are entitled to one free credit report a year from each of the three major credit reporting agencies, which you can get at AnnualCreditReport.com.
Credit Reporting Agencies
You can also access your credit information anytime through services like CreditKarma.com, which also include your scores.
VISIT WWW.USA.GOV/CREDIT-REPORTS FOR MORE INFORMATION.
*Nothing on this website should be considered legal advice. This does not create an attorney-client relationship between you and this law firm.