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Rott4u Asked September 2016

How long do you have to go after (legally) a homecare business for identity theft (my fathers) by an employee?

The company told me they did Corey checks, I used them for a few years - however they changed hands and the new owners cut corners. I was concerned about the staff since my Dad expressed frustration but with Dementia/Alzheimer's it can be a lot of things. My concern was warranted as his identity was stolen. I pushed and it took a year for them to find and convict this Nurse. I got things straightened out with creditors however now it's time to go after the Homecare group - is there a statute of limitations and what kind of attorney do I look for?

GardenArtist Sep 2016
If the nurse was convicted, I would speak with the same police unit that prosecuted her/him to address the issue of suing Homecare group.

However, you ask about the kind of attorney. Are you planning on suing them directly for restitution and damages, or taking action through a law enforcement agency?

Statutes of limitations may differ by the type of fraud, which may turn on the issue of how the fraud took place. There are other issues as well: the agency presumably "held itself" (legal terminology) to be qualified to provide home care. It allegedly claimed it did background checks. These are misrepresentation issues; there might be a contractual breach on which to sue for these kinds of issues.

Thiese is a technical issues, and span different practice areas, so you're wise to consult an attorney in a specific practice area. However, I don't know which it would be. Having worked for small and large law firms, only one large one actually handled fraud issues, but it was white collar fraud, and there was a Chinese Wall between the attorney, his secretary and the rest of the firm because of the nature of the fraud. So most of us knew little about the kind of fraud.

I did a little bit of research, but I don't know where you are and your profile doesn't provide any geographic reference. So I would call the county or state bar association and ask for lists of law firms that handle a plaintiff's fraud case. Some law firms handle corporate and white collar fraud. Others handle other aspects of fraud. This is not an area about which I know much and am not qualified to make suggestions, so this is why I suggest you contact a local or state bar association.

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