Can You Sue the Bank if They Don’t Return the Charges? Hopefully, if you’ve been a victim of fraud, the bank will comply with the law and not hold you liable for the fraudulent charges if you’ve reported on time and taken the appropriate steps.
If you’ve been the victim of fraud, particularly if the bank is holding you liable for those charges, call our Fort Lauderdale debt defense lawyers today. At Loan Lawyers, we know the responsibility that banks have to uphold your rights and to not hold you responsible for fraudulent charges.
It is very hard to win a legal malpractice case because of the amount of evidence you need to prove that the lawyer failed to use the ordinary skill and care that would be used by other lawyers in handling a similar problem or case under similar conditions.
In that instance, the bank may have a valid case for holding you liable for the charges. Additionally, if the bank believes that you were part of the scheme and simply want to make purchases and not be held liable for them, this could also serve as a valid reason for holding you liable for any charges.
Getting your money back after your credit card has been defrauded is a little more straightforward. Credit cards typically offer much more protection because they are highly regulated through the Fair Credit Billing Act. This Act limits your liability for fraudulent charges to just $50. If you report the fraud right away, typically within 30 days, most banks will even waive the $50 liability threshold.
Victims of debit card fraud are responsible for the following: None of the missing funds if the loss is reported immediately and the card has not been used, Up to $50 if you notify the bank within 48 hours of the fraud, Up to $500 if you notify the bank between 48 hours and 60 days of the fraud. All of the fraudulent charges if ...
If the bank believes that you committed fraud yourself, or that you were negligent, it’s important to understand that the burden of proof lies with them. If they want to hold you liable for the fraudulent charges, they must prove that you were either negligent or that you committed fraud.
First, you should file a report with the police, and possibly even the FBI, depending on the amount of fraudulent charges you are left with. This will start the process of finding out who has your information and is using it fraudulently.
All of the fraudulent charges if the bank isn’t notified for 60 days after the fraud. If the card hasn’t been used yet, you will likely not even know about the fraud to report it. However, as soon as you suspect something is amiss, you need to report it to the bank to recover as much of the money as possible.
If the money was stolen off of your debit card by use of a skimming machine or another fraudulent act, you may be able to get some or all of your money back.
The first is the Consumer Financial Protection Bureau, while the second is the Federal Trade Commission. Before filing a complaint with either of these agencies, it’s best to speak to an attorney who has experience defending against debt and that can help you through the process.