Just Asking

[Unknownhelp]

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

I broke up with my boyfriend last month. We lived together. This month when I got my bank statement, I found $800.00 was debited from my account. This was not mine. I called the bank and reported fraud and asked them to stop the transaction. But, the money was already cleared.

This was not my transaction.

I moved out last month, and my boyfriend used my debit card to take money from my account. I know it was him because the debit transaction paid one of his bills.

I left the house a month ago, yet he used my card after I moved out.

He knew my debit card number as he always paid my bills. When we lived together. But just my name was on the account.

I did not give him permission to use my card. I just want to know, is there anything that I can do legally to get my money back? from him?

Would I have to press charges? If so, what would the charges be?

Thank you

 

[Just Blue]

You could file a small claims case. You can also make a criminal complaint with the police.

 

[Unknownhelp]

Question

So, I file for the money he took through courts?

And do I file charges too? If so, what charges?

Will I have to get an attorney?

Thank you

 

[Just Blue]

So, I file for the money he took through courts?

And do I file charges too? If so, what charges?

Will I have to get an attorney?

Thank you

Yes. Go to court and fill out the paperwork for small claims.

Go to the police and fill out a criminal complaint...The police will investigate your complaint and submit to the state prosecutors office, who will then determine if criminal charges are in order..You do not need an attorney.

 

[Unknownhelp]

Question

Do I file in small claims and criminal court? At the same time? Or do I need to file one before the other?

 

[Just Blue]

Do I file in small claims and criminal court? At the same time? Or do I need to file one before the other?

Personally I would file the criminal complaint and see what happens.

 

[Unknownhelp]

Question

Ok, thank you for all the help. When I go to the police, I just give them my evidence? I have may bank statements and a letter from the bank saying that I reported and disputed the transaction but it already went through. Is there anything else that I need to do?

Do I file criminal charges based on theft? Is that what they legally call it? Or larceny? what?

Also, if I file criminal charges, the procecutor won't make sure I get my money back?

I will have to do that seperate through a civil action?

 

[Just Blue]

Do I file criminal charges based on theft?

You do not file charges, the DA does. You just go to the police and tell the desk SGT that you want to report a theft.

Is that what they legally call it?

Probably

Also, if I file criminal charges, the procecutor won't make sure I get my money back?

It's possible that IF the DA files charges and a plea is made restitution could be a part of that deal...other wise you can file a civil case for the monies and any and all damages you suffer do to the theft.

 

[Unknownhelp]

Question

Ok, thank you. So should I wait on the DA and the outcome? Or, do I file civil right away to try and get my money back?

Also, what if he says that he used my card in the past to pay my bills and I told him it was ok to do this. Because he did have my account number, and has paid my bills in the past for me.


I did not tell him that, he could use my card after I moved out, but, I am sure to get out of trouble he will say that.

How can I prove, if need be that, that was not the case?

Thank you

 

[Just Blue]

Ok, thank you. So should I wait on the DA and the outcome? Or, do I file civil right away to try and get my money back?

Also, what if he says that he used my card in the past to pay my bills and I told him it was ok to do this. Because he did have my account number, and has paid my bills in the past for me.


I did not tell him that, he could use my card after I moved out, but, I am sure to get out of trouble he will say that.

How can I prove, if need be that, that was not the case?

Thank you

If it were me I would wait until the DA reviews the case and see if charges will be filed. IF they are filed a benefit of waiting till the outcome is that IF he is convicted restitution can be ordered. If he doesn't pay the restitution he will go to jail. If you get a civil judgment you could wait till the moon turns to cheese and still not get your money.

I don't know how you can prove you didn't give him permission. The DA will assist you with this.

 

[Unknownhelp]

Question

Ok. If he does that, and I am sure he will say whatever it takes to get out of trouble.

I know it may end up a he said she said.

However, I really don't care as long as I get my money back.


Just the fact that I reported to the bank as fraud should be proof enough for the DA.

But who knows, the way courts work.


In any event, I just want my money back.


Do you think I will get it back? I know you are not the judge, but your opinion I request, please?

 

[Just Blue]

Ok. If he does that, and I am sure he will say whatever it takes to get out of trouble.

I know it may end up a he said she said.

However, I really don't care as long as I get my money back.


Just the fact that I reported to the bank as fraud should be proof enough for the DA.

But who knows, the way courts work.


In any event, I just want my money back.


Do you think I will get it back? I know you are not the judge, but your opinion I request, please?

I could not responsibly answer if you will get your money back.

 

[Unknownhelp]

Question

Ok, thank you for your time. You helped me alot and I appriciate it.

 

[Just Blue]

Ok, thank you for your time. You helped me alot and I appriciate it.

You are welcome...Good luck and update us when this is resolved.

 

[Antigone*]

Blue has given you great advice and I hope you take it.

I simply want to impress upon you the importance of checking your bank account frequently. Had you reported that fraudulent item within 60 days of posting, they could have returned the debit and reimbursed your account.

I hope you have changed youe debit card number as well