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  1. #1
    Join Date
    Aug 2007

    Angry Statute of Limitations for Identity Theft

    Can you tell me what the statute of limitations is in the state of "California" for prosecuting someone for withdrawing funds from my savings account without my knowledge?

    Somehow my girlfriend withdrew a $1,000.00 from my savings account by using my personal information (i.e. DL number, SSN, bank account number, e-bay account info) when the account only had $37.00 in it at the time and then used it to gamble on-line. She eventually won $1,000.00which was put back into my account when she won, however, she withdrew it thinking it was her money. Little did she know that the bank had been charging the account for each transaction that caused my account to be overdrawn, which totaled $500.00 and I was unable to pay the money back. I did contact the bank and filed paperwork letting them know what had happened, but I never did file a police report as requested by the bank, which then made me liable for the moeny. I did not pursue charges against her when this occurred, but I'm hoping that I can still press charges, because now I can not open any type of bank account because the bank I had at the time did not recieve all of the funds taken when my account became overdrawn and it shows on my credit report that I still owe them $500.00.

  2. #2
    Join Date
    Mar 2005

    Default Re: Statute of Limitations for Identity Theft

    And this happened how long ago?

  3. #3
    Join Date
    Aug 2007

    Default Re: Statute of Limitations for Identity Theft

    Sorry I didn't reply sooner, but I've been off the computer for a while and the day I posted the question I didn't see any replies after serveral hours and I logged off until now. However, to answer your question it happened about 3 years ago, but I still have all of the proof (i.e documentation) of what she did, how she did it and what the total amount was.



  4. #4
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Statute of Limitations for Identity Theft

    You can read the various statutes of limitation for criminal offenses here. The limitations period would depend upon the offense charged.

    Statute of limitations issues aside, you are exceptionally unlikely to get the police or a prosecutor to act on a case you haven't reported for three years, and are also very unlikely to get the bank to respond to a police report now that you've waited three years. Even for a civil suit, you seem to have waited too long to sue.

    Your best bet to clear up the $500 delinquency at this point is to pay it off.

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