what kind of lawyer do i need to sue credit card robbery

by Mozelle Grady Sr. 3 min read

An experienced criminal attorney can help to assist you in dealing with credit card fraud. In addition, an attorney can help you to bring a cause of action against any individual found that used your credit card. Jose Rivera

It is important to consult with an experienced fraud attorney if you have any issues, questions, or concerns with credit card fraud. Additionally, your attorney will advise you of the laws in your jurisdiction and assist you with bringing causes of action against any individuals who have used your credit card.Mar 23, 2022

Full Answer

Is it worth suing a credit card company?

What do I need to file a lawsuit against a debt collector?

Do I need a lawyer to recover unpaid debt?

Jan 25, 2017 · You can: Contact a lawyer referral service in your area and ask for an attorney with experience in consumer law, debt collection defense, or the Fair Debt Collection Practices Act (FDCPA).; You may be able to find lawyer referrals in your area by checking the American Bar Association website or your state bar association.; Low income consumers may qualify for …

Can I sue a creditor for bad credit?

Apr 01, 2019 · Opt out of arbitration early in the contract. Of the credit card companies that have a mandatory arbitration requirement, 12 of them allow customers to reject the clause by signing an “opt out” letter, which must be sent within the first month or two of opening the account. Take the dispute to small claims court.

What are the liabilities for credit card victims?

In the event that your credit card is stolen in the United States, federal law limits the liability of cardholders to $50, regardless of the amount charged on the card by the unauthorized user.

Does a bank have to refund stolen money?

In most cases, banks offer debit fraud protection and must refund the money as long as the customer follows the bank's fraud reporting procedures in a timely manner.

Can you sue a bank for not refunding your money?

Unfortunately, banks are a business and are sometimes more interested in holding onto their own profits than doing what's right for their customers. So, if you've been a victim of fraud and the bank does not cooperate, can you sue them? In most cases, the answer is, sadly, no.Nov 29, 2019

What crime is credit card theft?

A federal statute that is often used to prosecute federal credit card fraud cases is 18 U.S.C 1028A, aggravated identity theft. Under federal identity theft laws, it's a felony crime to use, transfer, or possess by any means the identification of another person.

Can the bank find out who used my credit card?

Tips. Credit card companies can track where your stolen credit card was last used, in most cases, only once the card is used by the person who took it. The credit card authorization process helps bank's track this. However, by the time law enforcement arrives, the person may be long gone.

Will my bank refund me if I get scammed?

If you paid by bank transfer or Direct Debit

Contact your bank immediately to let them know what's happened and ask if you can get a refund. Most banks should reimburse you if you've transferred money to someone because of a scam.

Can you sue a bank for holding your money?

With that said, it may be possible to sue banks in small-claims court or through class-action lawsuits. Small claims court involves suing for an amount of money that is often limited to $5,000 or less, depending on state law.May 8, 2020

Can a bank deny a dispute?

Often banks don't do this, or they just send you a one-line e-mail saying they denied your dispute. You may have a legal claim if your bank doesn't tell you why they denied your disputed transaction.Oct 1, 2021

What is bank negligence?

Malpractice in banking occurs when a professional within banking, for instance, is negligent in their work, and, in turn, bring some form of harm to their client's assets.Nov 27, 2019

How much jail time do you get for scamming?

A person convicted of fraud could face anywhere from 1 month to up to 3 years' imprisonment. If the fraud is a more serious one, for example if committed against a government entity, the prison sentence could be up to 6 years.

Do credit cards have a high interest rate?

Most of us have used credit cards at some point in our lives, and we understand that the convenience of using a credit card comes with a price. If you maintain a balance on your account, you may be paying an extremely high rate of interest. In addition to charging high interest rates, sometimes unexpectedly, some credit card companies implement ...

What is the CFPB rule?

In early 2019, Donald Trump killed a proposed rule from the Consumer Financial Protection Bureau (CFPB) that would have put a stop to financial services companies from putting mandatory arbitration clauses in their contracts. The agreements keep consumers from suing companies and force them to settle disputes out of court in arbitration. Mandatory arbitration provisions are used so that companies do not have to face class action lawsuits, but the agreements also prevent consumers from suing a credit card company individually.

How to file a civil lawsuit against identity theft?

To file a civil lawsuit, start by filing a complaint with the court, including information such as the damages you've suffered and how the defendant was responsible for those damages. Typically, you'll file a complaint in small claims court if you're suing for around $10,000 or less, or in a higher court if the amount is more than the local small claims court limit. The complaint must include:

Is credit card fraud a felony?

Credit card fraud is a crime – a felony, if property of significant value was obtained – that is often perpetrated by individuals who physically steal cards, known as "card present crimes," or, more commonly, gain access to cards by other means, known as "card not present" crimes. If your credit card issuer has defied the terms of your agreement, ...

How to report credit card fraud?

If you're the victim of credit card fraud in any of its forms, your initial checklist should look something like this: 1 Notify your credit card company. 2 Request a 90-day fraud alert from your credit reporting agencies. 3 Submit a report to the Federal Trade Commission. 4 Notify the police.

What is a demand for judgment?

A demand for judgment detailing the relief you're requesting, usually an estimate of damages or an exact dollar amount. Your signature, address and phone number. You also have the option to attach exhibits to your complaint. You'll pay a court fee to file this complaint, and the court will generate a summons.

Can you attach exhibits to a complaint?

You also have the option to attach exhibits to your complaint. You'll pay a court fee to file this complaint, and the court will generate a summons. You'll need to serve the defendant with a copy of the summo ns and the complaint .

Who is Dan from Chron?

Writer Bio. As a freelance writer and small business owner with a decade of experience, Dan has contributed legal- and finance-oriented content to diverse sources including Chron, Fortune, Zacks.com, Motley Fool and MSN Money, among others.

Gordon R. Leech

You may want to speak with a consumer attorney that handles debt collection harassment and identity theft matters. You may be able to find one on AVVO or you may want to search the Member Directory for the National Association of Consumer Advocates, which is organized geographically by state. See link below.#N#More

Eric Edward Rothstein

A civil litigator. Depending on the amount you are out hiring a lawyer may not be cost effective.

How to sue a creditor for a debt?

When a creditor sues you to collect debt you haven't paid, you have three choices to deal with the lawsuit: 1 allow the creditor to obtain a judgment against you (called a "default judgment") 2 defend the lawsuit yourself, or 3 hire an attorney to represent you in the lawsuit.

Can a creditor get a judgment against you?

allow the creditor to obtain a judgment against you (called a "default judgment") defend the lawsuit yourself, or. hire an attorney to represent you in the lawsuit. Which option is best for you will depend on a number of factors.

Can you keep your retirement account in bankruptcy?

If bankruptcy might be inevitable, think twice before using retirement funds to pay bills. Most people can keep their retirement account in bankruptcy.

What is a defense in a lawsuit?

A defense is a reason why you aren't liable for the debt or a reason why the creditor shouldn't be allowed to collect the debt. Here are some common defenses to creditor suits: the statute of limitations (the time period in which the creditor must bring the lawsuit) has run.

What is a counterclaim in a lawsuit?

In most states, the counterclaim must relate to the transaction at issue in the creditor's lawsuit. For example, say the creditor sues you for nonpayment of a credit card debt. You might be able to file a counterclaim alleging that it harassed you in trying to collect the debt.

What is a counterclaim?

A counterclaim is a claim that you have against the creditor. In most states, the counterclaim must relate to the transaction at issue in the creditor's lawsuit. For example, say the creditor sues you for nonpayment of a credit card debt.

Do You Recognize The Debt?

The debt in question may not be yours. Credit card companies generally don’t want to take legal action unless you’ve made zero payments for about six months and ignored their calls. A lawsuit is a last resort.

Is This An Old Debt?

After making sure that the debt in question is yours, check to see if it's "time-barred” or too late to sue you. Credit card companies only have a certain amount of time to bring a case in civil court. Depending on state law, this can range between 2–6 years. You’ll want to check your local rules to see what statute of limitations applies.

Other Important Questions To Ask Yourself About The Debt

Did a debt collector harass you while trying to collect this debt? The Fair Debt Collection Practices Act (FDCPA) forbids lenders and creditors from engaging in fraudulent and deceptive behavior. They also can’t harass you by:

Have You Filed For Bankruptcy Since You Had This Credit Card?

Credit card debts are discharged at the end of Chapter 7 bankruptcy proceedings. In “no-asset” cases, the trustee cannot take any assets because they’re “exempted” under state law. In cases of non-exempt assets, some of your property can be sold to pay creditors. However, this scenario is rare.

Steps To Winning The Lawsuit

After you've considered the facts and know your defenses, find what type of court will be evaluating your answer or response to the complaint brought against you. In some states, for lower-level small claims courts, checking a box admitting or denying the claim may work for an answer.