Bank account Stolen

[Torellian]

What is the name of your state? Wisconsin

A friend of mine told me yesterday of a serious problem she's been having and has despaired of the whole thing and has pretty much given up, but I would like to help if possible.
For quite awhile, she has been having problems paying bills because her checks keep coming back NSF (non sufficient funds), even though the money was in her checking account. When she told the bank about it, they said they had no records of any checks being returned NSF. This happened repeatedly. Now, months later, her savings account has been completely withdrawn and, once again, the bank claims to have no record of where the money went. She has filed Chapter 7 bankrupcy now. I don't understand exactly what that will mean for her. I told her I want to help her fight this battle, but she says she's tired of the whole thing and just wants to forget it and leave it in the past. I can't believe nothing can be done.
I have so many questions: For one thing, doesn't the bank have to have records of all transactions so they have "proof" that someone ligitimate withdrew the money, or else the bank could simply steal, or "disappear" peoples' money on a regular basis? Could she successfully sue the bank? And what about FDIC? Doesn't that help people when their assets are stolen? And the thing about her filing for bankrupcy: does that close the door on her getting her money back?
Please! Any advice would be a god-send. My friend has given up, but I can't believe the situation is hopeless!

[JETX]

This can be resolved VERY simply by having your friend BALANCE her bank statements. If she shows that funds are withdrawn when deposits clearly show that they should be there, THEN she needs to confront the bank with FACTS, not assumptions.

[Ladynred]

I have another question - does your friend have any judgments against her, or creditors she owes money to that would have access to her bank accounts ??? Money just doesn't disappear - it went somewhere.

[Torellian]

Actually, she doesn't. But we have our suspicions. She hosts foreign exchange students from other countries and she was helping someone from Ireland to come to the US. She had to provide him info to give to those who approve such things such as account numbers, social security numbers, etc. She believes he may be responsible for this. He has also hacked into her computer. This accounts for numerous other problems she's been having--too numerous to mention all of them.
I've mentioned to her what you guys have advised, plus contacting the consumer protection agency, but she says she doesn't want to deal with it anymore. She really frustrates me that way! She also filled me in on the fact that the way her money disappeared was that it showed on her statement that it was transferred from her savings acct. at one bank to her checking acct. at another bank, but it never showed as having arrived in her checking acct. When she mentioned this to them, each said it was the other bank's fault. I do believe consumer protection could have helped her, but as they say, "You can lead a horse to water, but you can't make him drink".
But thank you for your time and help anyway.

[Ladynred]

NOT dealing with obvious identity theft, fraud and plain old theft is a very bad idea. This is NOT a one-shot deal, this can damage her credit, among other things, for many years ! Its not just NOW she has to worry about. What is she going to do later when she can't get credit or is harrassed or sued by collection agencies for fraudulent accounts ??? It CAN happen, it DOES happen !

You should go the the FTC site and print out all the information on Identity theft and make sure she at least reads it. The consquences can go far beyond some missing funds from her bank account !!!!