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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 91097
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Hi, Paul. I have a question on banking. I have a business and

Resolved Question:

Hi, Paul. I have a question on banking. I have a business and had 3 debit cards which the numbers and pins were taken by one of my ex-employees and either sold to someone or used herself and purchased items in Los Angeles and I am here in Florida. The day I let her go, I told her she had better not be leaving with one single item of mine or my business' and she was escorted out by policemen.

I later was talking to a friend and asked if she had taken my debit card and I ran into the office and it was not on the desk where it always had been. I did not even think of that as she was previously a convicted felon and on federal probation and is the biological mother of the three children that I have had for the past 12 years and would not believe that she could be so ignorant as to get in trouble again. But, she took the card! All three of my cards had the exact same numbers except for the last 4, which she knew as she handled my books. I never had any access to the pin numbers as I never withdrew cash out of my corporation and I never remember the numbers anyway.

I immediately called the bank and stopped the card at 12 a.m. as when I went into my online banking, she had already taken $332.00 worth of cash, food, cigarettes, etc. I then phoned the police. That was Saturday, the 28th. I thought I was safe from further harm from her and when I called my bank on Monday morning, I was told that 2 more attempted transactions were tried but failed on Sunday a.m. On Tuesday, after checking my banking I see further fraudulent activity and immediately call the bank to see what was going on and they say it was with another of my 2 remaining cards!!! For debit card transactions in Los Angeles. $604, $302, $264. The $264 was stated as "pre auth" and the bank was called by the credit card company saying this was suspicious and for some unknown reason, since they did it with a pin number, they put it through!!!

I called them and told them I have a police report...
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question and for asking for me. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you have reported all of this to the police, you need to also send copies of the police report to the bank. Also, you need to provide proof to the bank of when you reported the theft, since debit cards work different than credit cards and once debits are made it is much more difficult to get them back from the bank and you need to review your bank's policy on fraud from the debit card.

Additionally, of course you know you can use an attorney (as you are a company and must be represented by an attorney in all lawsuits, except small claims, in FL) and you can sue the ex employee for the money and if the bank violated their terms of service with you and failed to protect your account upon you reporting the theft to them you could potentially sue the bank as well for return of the funds. This is your civil remedy in this case.

You also need to discuss this with the police again to see what more they are doing on your case.




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Customer: replied 1 year ago.

Thanks, XXXXX XXXXX says that even though they were notified by their credit card company of suspicious activity, the transactions were processed because they had the pin number. It was listed as "pre auth" on the $264 and I told them not to pay it, but they said by law they had to!!

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Yes, that is the issue with use of the PIN, if you disclosed your PIN to anyone else then this violates your card agreement for the debit card, this is why they are claiming it is authorized and even more reason why you need to pursue the former employee.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 91097
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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