Fradulant use of debit card.

[James88]

State: California

A friend of mine had her debit card stolen by a "friend" of hers. Her friend wiped her account clean of $900 dollars, and she asked me to help her find the legal process of such a crime. Google and Wikipedia weren't yielding the answers I needed, so I started to look for more specialized help. Could anyone here tell me about this sort of crime? I'm sorry if this post isn't detailed enough, I'm not quite sure how to go about this. If I didn't provide adequate information, please tell me and I'll rephrase.

 

[CdwJava]

Call the police.

Depending on how she "wiped" the account clean, there are a number of potential felonies that occurred. Whether it can be proven that the friend actually committed the crime is another matter. What proof is there that the friend did this?

(Note: Strongly suspecting someone because they had access to the card is not the same as proving it. How the card was used, and the details, will be the best determinant of how easy it will be to prove the case.)

- Carl

 

[James88]

There are surveilance cameras with her using the card at the ATM, gas stations, and Target. She used 900 dollars in less than 4 hours. And the bank records can prove it was her card.

 

[CdwJava]

There are surveilance cameras with her using the card at the ATM, gas stations, and Target. She used 900 dollars in less than 4 hours. And the bank records can prove it was her card.

Then your friend needs to report it to the police.

There are probably multiple counts of burglary, fraudulent use of an access card, and maybe even forgery if she had to sign for anything.

Here is one question your friend will get: How did the thief get access to the PIN number? Was the PIN necessary for the types of purchases?

Has the thief ever been permitted to use the card before? Is the name on the account shared or in trust to the thief?

Is the thief a family member? How did the thief get the card?

Your friend will also need to complete an affidavit of forgery with the issuing bank so that he or she can get his or her money back.


- Carl

 

[James88]

They use to be roommates, so I'm sure there are several ways she knew the PIN number. She was staying at her house the other night, and in the morning she noticed her card was gone. Later that night, her account was emptied. She checked her online records and called the bank immediately the next morning. She won't be able to call the police until tomorrow, when the bank can print out the information.

Also, does she need to provide a record of how they lived together? She's not sure if she can get that.

 

[CdwJava]

They use to be roommates, so I'm sure there are several ways she knew the PIN number. She was staying at her house the other night, and in the morning she noticed her card was gone. Later that night, her account was emptied. She checked her online records and called the bank immediately the next morning. She won't be able to call the police until tomorrow, when the bank can print out the information.

Also, does she need to provide a record of how they lived together? She's not sure if she can get that.

A record of "how" they lived together? I am not sure what that even means ... I suppose they shared a house or an apartment. It's probably not necessary to show when they may have lived together in the past, only that they had at one time lived together and she could have had access to the PIN number at that time.

Yes, she should report it first thing in the morning. She SHOULD have called right away.

Please note that the bank might not give the police anything without a subpoena - this might slow things down. It might be best for your friend to get copies of any and all transactions, a signed copy of an affidavit of forgery, and the name of people the police can contact that can provide information on accounts and videos at the bank's ATM. The more info the police have, the quicker they can act. Sometimes banks make it tough for the police and it slows them down.

Also, if your friend gets their money back, then the bank becomes the victim and they very often don't want to spend a lot of time on these matters as small amounts are often not worth the expenditure of their resources. A lot depends upon the nature of the event, the bank, and the officer(s) investigating the offenses.

- Carl

 

[James88]

Alright, I can't thank you enough for your help. If I have any other questions, I definitely know where to come. Thanks again.