Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
Anyone can sue anyone for anything. In a case like this the main problem is proving 1) that what you are alleging actually can happen and 2) that you were somehow harmed by it.
The first one can be proved by hiring an expert to look at the issue and then prepare a report and be prepared to testify in court.
The second issue, damages, is a little more difficult. The law doesn't allow you to sue for what "might happen", just for what has happened. In addition, if you sue them once for this and get a judgment, even a small judgment, then if something happens later and someone actually does commit identity theft then it is unlikely you would be able to sue them again.
As to how to sue someone, you first should consider hiring a lawyer to do so. While you are allowed to represent yourself, this case will be a little confusing because of he need for experts, etc. and the burden of proof will be on you.
The process of a lawsuit is essentially the same everywhere, with a few, minor procedural differences.
A lawsuit generally follows this process:
1) File the petition in the court with jurisdiction and venue. The court with jurisdiction and venue is usually where the defendant resides or has their place of business. You also have to look at the amount you intend to sue for to determine what court is correct
2) When you file the petition with the clerk of courts you will pay the filing fee and also ask for citation to be issued and service to be done. The clerk doesn't serve the papers so ask them if you have to take them to the sheriff's office for service or if they will do it. Just follow their directions as to that.
3) The sheriff will serve the defendant with the lawsuit.
4) The defendant will file their answer.
5) You can then do some discovery if necessary but you will need to check with the clerk and ask if your court allows discovery. Some small claims courts do not.
6) After that the next step is to set the case for trial.
7) During the trial you introduce your evidence and they introduce their's.
8) The judge renders a judgment and a written order is entered.
That is the basic process of a lawsuit.
If you are going to represent yourself you may want to pick up a good book on doing so. I always recommend the one at this site since it is both inexpensive and very good.