You've only mentioned courts, but the parent comment also mentioned banks. Sure, if you're going to take someone to court, you need to find them, and everything you say is true. But you often don't need to take someone to court; the bank will handle it. "they are not going to magically give you some new money if there is none to be taken back" I mean, they kinda will. It's not magically new money; it came from somewhere, but as far as the user needs to know it's magic. Especially since there are laws limiting individual liability for stolen identities.

Me: "There's been fraud on my card." (to the tune of $1000)

Teller: "Are you sure it wasn't a family member or a mistaken purchase?"

Me: "Yeah, the charges were in Texas and I haven't been to Texas in years."

Teller: "Great. hands me a printout of recent charges and a highlighter Can you highlight all of the unauthorized charges?"

Me: "Sure."

Teller: "Ok, we'll provisionally credit you the amount back to your account, while your claim gets reviewed; you'll have access to it immediately, but will be liable to pay it back if the claim gets denied. We'll let you know when the claim approval is finalized, which usually takes 2-3 weeks. We'll get you a new card, which should arrive in 2-3 days, if you don't get it by the third day, let us know."

Me: "Thanks!"