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debit Card Fraud?

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sljak

Member
What is the name of your state (only U.S. law)? NJ

Can an x-boyfriend whom I lived with use my debit card (in my name only) after I moved out? I let him use it when we were together, thats how he got the numbers. But I moved out and then he used my card?
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? NJ

Can an x-boyfriend whom I lived with use my debit card (in my name only) after I moved out? I let him use it when we were together, thats how he got the numbers. But I moved out and then he used my card?
What happened when you filed the fraud claim with your bank?
 

sljak

Member
Bank

I called the bank reported the fraud, they stopped the transaction, and reversed it. Then about 10 days later the transaction was put through again. By the time I caught it the second time, the transaction already went through my account. I went to police made a report. But they said we were living together and he had use of my debit card when I lived there, so he had implied approval to use the card. Which is not true. I moved out. What they tried to tell me was, that I let him use it, gave him the card. And after I moved out he still had authorization from me to use it. ( Not so).

I left the idiot cuz he cheated on me. There is no way that I would still let him use my card.
 

Antigone*

Senior Member
I called the bank reported the fraud, they stopped the transaction, and reversed it. Then about 10 days later the transaction was put through again. By the time I caught it the second time, the transaction already went through my account. I went to police made a report. But they said we were living together and he had use of my debit card when I lived there, so he had implied approval to use the card. Which is not true. I moved out. What they tried to tell me was, that I let him use it, gave him the card. And after I moved out he still had authorization from me to use it. ( Not so).

I left the idiot cuz he cheated on me. There is no way that I would still let him use my card.
So the bank basically denied your fraud claim. You see the issue here is you gave your ex access to something you promised the bank you would not do. In your depository agreement you will want to locate the section where the bank states that you agree to keep your checks and atm/check card safe and that you will not allow anyone to use your financial instruments or know your pass code.

Since you did that, you absolved the bank of any liability in case of fraud from this person.

If this is within the statutory limits of small claims in your state, you might want to go that route.

I suggest your change your account number and get a new check card.
 

sljak

Member
Thank you

Thank you for ur answer.

Criminal charges have now been filed. The card was used after I moved out, so this is actually theft.

I will let you know what happens.
 

CdwJava

Senior Member
Keep in mind that taking a report and requesting charges from the DA are not the same as getting the charges or a conviction. This could be seen as a quasi-civil issue and the DA may decide that this is not something they want to get involved in. If you're lucky, maybe they can spur him into making you whole again (paying you back) and then you can be done.

I do hope you followed the previous advice and went on to change the card and account info, right?

- Carl
 

sljak

Member
Yes

Yes, I did change account information, thank you.

And although I feel that what he did was wrong. All I want is my money back. I do not think any person should get away with this, however, the law is the law. And I know I was wrong to let him have my info in the first place. I am sure the courts are too busy to deal with my petty incident.

Bottom line, is he has to live with himself for stealing. (then again, people like that have no concious).

It just irritates me that people are allowed to get away with this type of stuff.

Thank you again, I will let you know what comes out of it.
 

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