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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) A person who is the victim of theft of identity as defined by W.S. 6-3-901 may maintain a civil action to enjoin or restrain any violation of W.S. 6-3-901 and may in the same action seek damages from the person violating W.S. 6-3-901. In order to maintain an action for injunctive relief under this section, it is not necessary for the plaintiff to show actual damages or the threat of actual damages. A prevailing party in an action under this section may recover court costs and reasonable attorney fees.
(b) A conviction or plea of guilty is not a prerequisite to the bringing of a civil action under this section.
(c) A cause of action for theft of identity is not deemed to have accrued until the wrongdoer is discovered.
(d) Nothing in this section shall prevent the criminal prosecution of a person for theft of identity. However, any payment made by the defendant to a victim pursuant to an order for restitution entered in a criminal case pursuant to W.S. 6-3-901 and 7-9-101 through 7-9-115, shall be set off against any judgment in favor of the victim in a civil action brought under this section arising out of the same facts or event.
Cite this article: FindLaw.com - Wyoming Statutes Title 1. Code of Civil Procedure § 1-1-128. Civil liability for theft of identity - last updated January 01, 2024 | https://codes.findlaw.com/wy/title-1-code-of-civil-procedure/wy-st-sect-1-1-128/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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