I am posting this complaint with the hopes that someone who has been through the same experience or someone with legal knowledge may be able to give me some helpful advice.

In 2006 I found out that I had been a victim of identity theft and it appeared as though several people in several different states had been using my information for opening accounts, working, claiming unemployment benefits, etc. There was also someone in California, which is my state of birth and residence, that had been issued a California driver’s license with the same driver’s license number using my information. This had been done prior to me having first applied for and received my driver’s license.

Prior to learning of the identity theft I had been unable to pull out a DMV printout because my record was frozen. The DMV branch office employee would refer me to a DMV investigator. When I would attempt to reach the investigator I was always told that they would call me back to make an appointment but no one ever called me back. At this point I didn't pursue the issue further since my license was still valid and I still received the renewal by mail. Also, it may be of interest to note that the first license that I received had incorrect identifying information on it (eye color, height, weight). After learning of the identity theft I returned to the CA DMV to sort out the previous problems since I now knew the cause. I was told that the case had been dropped and that a new case would be opened with a new investigator.

I contacted the new investigator who came and met me for the first time at my place of employment during my lunch hour. He asked me general questions about my identity. He then showed me a picture of the other person using my information who had the same driver’s license number as I did. He asked if I knew him or where he lived, of which I did not. He then requested to meet again but for me to bring him copies and originals of my driver’s license, police report, birth certificate, social security card along with a certified letter from social security saying that the number is in fact mine, tax information, and anything else that would establish my identity.

For our second meeting the investigator met with me at my place of employment again. I brought him all the documents that he requested. He looked them thoroughly to make sure that they were authentic and he took the photo copies with him. At our third meeting, again at my work, he brought photos of several different men asking if I was any of them, to which I answered no. He showed me my picture which of course I answered yes to. Then he told me that he was unable to find the man with my license, the one he showed me during our first meeting, and because of this he was going to issue me a new license. He told me that he would mail me a letter authorizing the DVM field office to issue me a new license and instructed me to surrender all copies of my previous license and ID card and to bring my birth certificate and social security card. I did all of this and was issued a new license with a new number and was told that it would be a provisional license for one year.

Shortly after receiving my new license I had more problems from the identity theft. Someone had filed for unemployment in 2003 while I was working and EDD had garnished my 2006 taxes for the overpayment of benefits. I opened a case with EDD for the fraudulent claim and during their investigation they contacted the DMV because of the multiple people on file. My claim with EDD was resolved in my favor in just under a year but as soon as it was resolved the DMV investigator called me wanting to meet.

I met with the DMV investigator at my work again just short of having had my new license for one year. He brought another investigator with him. He had asked me to bring my original driver’s license, social security card and birth certificate. I brought him copies since he had already seen the originals in the past. He then told me that he had found the man from the first photo that he ever showed me, the man who had first received my license. He told me that he confirmed that the other man was the "real" person and that he had parents and school records to confirm his identity. He took my license and kept it. He told me that if I wanted it back then I would have to take this other man to court to fight over the identity but he would not give me the persons information in order to do such.

My DMV record is currently sealed again and has been since he took my license away. I was never informed, verbally nor in writing, whether or not my license had been revoked or suspended or anything else. I contacted an attorney who told me that the problem would resolve itself and just to wait for the DMV to mail my license back. It has been almost 3 years since my license was taken by the investigator and still nothing has changed and no one has contacted me.

Is there anything that I can do in order to resolve this issue without having to go to court? I can't afford all of the legal fees and time off of work that would be required to pursue this in court.