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Zoey_JD
Zoey_JD, Criminal attorney
Category: Fraud Examiner
Satisfied Customers: 23594
Experience:  Active member of the NYS bar since 1989
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Someone obtained my atm card and pin and made unauthorized

Customer Question

someone obtained my atm card and pin and made unauthorized transactions from my account i filed claims for the money that got tooken out. but the bank denied my ckaims stating that the person who withdrew the money knew my pin. what can i do
Submitted: 1 year ago.
Category: Fraud Examiner
Expert:  Zoey_JD replied 1 year ago.
Hello,
My name is ***** ***** I will be assisting you with your question.
Do you know who used your ATM and PIN? If the bank won't reimburse you, you could file a report with the police, which you have done. ATM machines take photos, so it's possible that the police can retrieve a picture of the person who tried to use the card. He could then be prosecuted for the identity theft. Any conviction by either plea or verdict would include repaying you for the losses you incurred as a result of his theft.
Alternatively, once you know who did this, you would be entitled to sue him for the money he took from you. Unless he took many thousands of dollars, you could sue him in small claims court and do it yourself which would keep you from having to pay any legal fees.
Customer: replied 1 year ago.
only way of recuperating my money would be by the person who took the money. So their is nothing I can do with or towards the bank
Expert:  Zoey_JD replied 1 year ago.
How long did you wait before notifying your bank of the unauthorized use of your ATM card?
In general -- your bank's terms may differ somewhat -- if you notify your bank within 2 days of the unauthorized use of your debit card, your maximum liability is only $50. After two days, your maximum liability is $500. However after 60 days, you're liable for the entire amount.
In particular, some banks don't reimburse for unauthorized PIN transactions. You'd have to look at the terms that your bank provided you with, but it appears that yours doesn't, because that was their reason for denying you. If your contract with the bank specifies that they don't reimburse for PIN transactions, then you'd have no recourse against the bank.
Customer: replied 1 year ago.
i notified the bank the same day i became aware i had losdt my card which was 2 days
Expert:  Zoey_JD replied 1 year ago.
Right, so the bank should cover all but $50 UNLESS the agreement that you have with them doesn't cover PIN transactions. You'd have to read the fine print in your agreement with your bank.
Customer: replied 1 year ago.
i bank with bank of america
Expert:  Zoey_JD replied 1 year ago.
You'd have to read your agreement with bank of America.