Yes, victims of mail theft identity fraud have both criminal and civil remedies available. On the criminal side, mail theft is a federal crime under 18 U.S.C. § 1708, punishable by fines and imprisonment. If your identity is used fraudulently, the perpetrator may also face state charges under California Penal Code § 530.5 for identity theft. While prosecutors pursue these cases, victims may need to provide documentation and statements to support the investigation.
On the civil side, if stolen mail leads to fraudulent accounts or debts, you have the right to dispute those accounts under the Fair Credit Reporting Act (FCRA). If creditors or debt collectors refuse to correct the errors, you may sue for damages. California law also provides avenues to obtain a judicial declaration of innocence, which can clear your record and force creditors to stop collection efforts.
Working with an identity theft attorney ensures that your rights are enforced. They can coordinate with law enforcement, creditors, and credit bureaus, giving you the best chance of recovering financially and restoring your credit history.
