$500 Stolen Money

R

Racheal05

Guest
Jurisdiction
Nevada
I'm unsure of what to do. Earlier this month on April 7th, My fiancé (who lives with me in Vegas) had $500 withdrawn from his account at 5pm in Fontana, California. We called Chase Bank at 6:21 from our house letting them know that it was fraud. They stated tou fiancé that it looked like they had tried to withdraw more than just the two bank charges of $100 and $400. There were multiple attempts so they refunded our money a week later. Then, this past Thursday (4/27), they took the money back. They finalized the claim and are stating that we lied, and they will not reverse the decision because the chip was used with our pin at the ATM in Fontana. We tried to argue that it is obviously possible, but they said we are out of luck. So my fiancé got his time stamps from work that state he left work at 1:30.pm. But Fontana is 4.5 hours away and if My fiancé was speeding, then he could have made it. So now we are trying to get the ATT records stating we were in our house in Vegas when we reported the fraud at 6:21. We are going to file a report today or tomorrow with the local police but I'm worried since $500 is under grand larceny that they won't do much about it. We just need them to pull the camera feed from the ATM. I've done some research that does state that it is virtually impossible for the chip and pin to be stolen. However, the bank only released one card to my fiancé. I'm not on the account nor do I have his card. Also, he still has the card so it was not stolen. The card was either copied and the pin duplicated, or someone within Chase released the information. Those are the only two scenarios that I can come up with. I need legal advice on how I should proceed. I spoke with a contact within a police department in Arizona who stated the police won't likely do anything. I'm so frustrated. I thought my money was protected in the bank.
 
If your fiancé needs legal advice on how he should proceed (since this is his account, therefore his problem), then he needs to contact an attorney. You can do nothing.
 
KatDini said:
If your fiancé needs legal advice on how he should proceed (since this is his account, therefore his problem), then he needs to contact an attorney. You can do nothing.
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Yes, I am aware of that. Thank you for your advice. When I say, what can we do, I am referring to what he should do. He has been handling everything. I need to know if an attorney would be able to push things along. He has considered getting an attorney, he is not sure who to contact or what an attorney could do to help.
 
An attorney is certainly an option and it's up to him but, from a practical standpoint, I can't see paying an attorney $250 to $300 per hour to handle a $500 claim.

The bank has denied the claim based on what the bank "knows" - that the chip and the PIN were used.

If your fiance can't provide EVIDENCE to show how the chip and PIN were used while the card was in his possession then no attorney will be able to "push things along" because he won't be able to magically come up with evidence that your fiance can't come up with.

I was curious and ran a search for "cloning a chip debit card" and found several articles indicating that even chip cards are vulnerable to cloning:

cloning a chip debit card at DuckDuckGo

I don't know if any of this will help you get the bank to reconsider.
 
Racheal05 said:
Yes, I am aware of that. Thank you for your advice. When I say, what can we do, I am referring to what he should do. He has been handling everything. I need to know if an attorney would be able to push things along. He has considered getting an attorney, he is not sure who to contact or what an attorney could do to help.
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Most attorneys would require $1,000 or more, to represent you.
Even if you found one willing to take $500, it doesn't make financial sense for a $500 disputed debt, does it?
 
One more thought.
If it was an ATM, the machine should have some kind of video, or at least a still picture of who used the card and got the $500.
 
army judge said:
One more thought.
If it was an ATM, the machine should have some kind of video, or at least a still picture of who used the card and got the $500.
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I figured that as well but they need a subpoena to get the footage, and we are filing a report, but I'm worried they won't do anything about it because $500 isn't considered grand larceny in California or Nevada.
 
army judge said:
Most attorneys would require $1,000 or more, to represent you.
Even if you found one willing to take $500, it doesn't make financial sense for a $500 disputed debt, does it?
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I agree. I figured it wouldn't be worth it. That's why I thought I could post here and see what everyone thought because we don't have much experience with Lawyers. Thank you so much
 
A report to your local law enforcement would be sent to Fontana for investigation... And likely would not be investigated very thoroughly if you don't stay in contact. It certainly would not be done quickly either.

If you contact the bank or business where three ATM is located and find out who handles security for them (it is often done regionally, not at the site) you might have some luck getting video or still photos.

Since it is YOUR transaction they shouldn't have big concerns about showing you who is at the machine during YOUR transaction.

The trouble with this is that the card and pin could have been given to a friend, so they may not care who is at the machine. You can try though.

Granted I was calling from a law enforcement agency, but I've gotten great information from ATM cameras without needing a warrant. You just have to ask the right people and have a convincing need for it.
 
I remember that chip being on Dish Network cards. People were hacking them like there was no tomorrow. I wouldn't let this just drop......... Contact the police down there as well and follow up with them. Please update us on your progress
 

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