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lawsuit statute limitations

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PTK

Guest
My X-boyfriend stole several thousand $$$ from my person- al checking acct. He did so via my banks online service, he ordered a draft (check) payable to himself.At the time I was overseas.Apparent ly he acquired my ATM cards 16 digit #, and PIN # during our relationship.I never had used my banks online service before at all. Apparently he registered to use the online service first,then changed my Acct. mailing address to his address.Then about two months later ordered the check payable to himself.He has claimed both to the bank an the police that I owed him the money.The NYC Dist. Attorney declined to pros- cute at a criminal level, I guess out of concerns that I was personally involved with the accused.The BANK did of- fer me a partial settlement of one half the stolen funds I declined the banks offer and asked them to pay the entire amount.The BANKS pos- ition now is that they are not liable at all because they feel that they weren't negligent.They have removed their initial partial offer. The BANK feels I was care- less with my ATM/ACCT. info. I never gave my X-friend any info. about my account. *QUESTION is the BANK liable or are they well protected in this case? *Should I file suit against both the BANK and my X-boy- friend? *What is the statute of limitations for filing a civil lawsuit against them? *Would they be co-defendants combined into one trial? *Should'nt the BANKS Errors& Omissions Insurance Policy cover them in this situation *What kind of attorney should I be looking for? *What are the chances I'll win against the BANK and or my X-boyfriend? I'm looking for some good advice if anyone has some please reply. Thankyou, PTK
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

You need to see an attorney about this. If you were negligent in maintaining/filing your records, the bank was fair in offering 50% for their share of negligence.

E&O insurance may not cover this. As for who to sue, sue both the bank and the boyfriend (but the boyfriend for sure) for fraud/facilitating fraud.

Try http://www.attorneypages.com
 

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