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I reported Identity Theft too late, what to do?

Los Angeles, CA |

I have filed a law suit against Bank of America, and they are saying I reported the theft TOO LATE as per California Laws. The theft was July 2009 and I report it 2011 and since I live in another country and no account statements was brought to my house since the thief changed my address right there at the bank branch, so HOW CAN I KNOW. The theft was even done inside the bank and the bank issued the Investment Cd to another person using my name. as per FTC, any fraudulent accounts opened by someone else under my name, I am not liable for my loss.

Now they are saying I don't have a chance to get all my money backs. It has been a 2 year problem. Please help. My lawyer wants me to accept BOA offer of 25% of my deposit. Should I accept?

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Attorney answers 1


There is case law that can help you in your case. Many times when the statutes of limitation are lost we do not use the statute of limitation for the identity theft but we use the statute of limitations that apply to the other criminal or civil acts of the perpetrator of the identity theft, For example when they commit larceny by taking your identity we apply the statute of limitation for larceny that is more than two years.
By doing so we can "catch the thief " and the people or institution that with their negligence assisted that person. [removed]

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