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Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Consultant
Category: Fraud Examiner
Satisfied Customers: 111602
Experience:  24+ years law enforcement. Licensed Attorney.
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My bank Institution is not giving me my money back that was

Customer Question

My bank Institution is not giving me my money back that was taken out of my credit card through an ATM it's been 45 days and they are trying to push the blame on me what can I do
Submitted: 5 months ago.
Category: Fraud Examiner
Expert:  Law Educator, Esq. replied 5 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What is the reason they are trying to blame you? Was the transaction made using your PIN number? If so how did someone get your PIN? Have you reported the theft to the police?

Customer: replied 5 months ago.
someone was able to obtain my pin information and also my bank login information I have done everything they required me to do including getting police report. Is the PIN number that I have used for the past five years on multiple accounts. I believe it could be one of my friends or family members that comes sto my residents often for gatherings
Expert:  Law Educator, Esq. replied 5 months ago.

Thank you for your reply.

Unfortunately, if your PIN was compromised, if you read the terms of the bank's agreement it is the duty of the customer to protect that PIN. So, if the bank is refusing to refund your money based on this fraudulent withdrawal for that reason, you would need to file a civil suit against the bank and you would need to seek to prove that you were not negligent in causing the loss of your PIN and thus the theft, so you will need argue that you never gave the number to anyone and you will have to prove in court some reasonable means of the card was stolen from you. But your only recourse now is in court if the bank is refusing to refund the money.