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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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someone charged my checking account thru ahct? or some way

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someone charged my checking account thru ahct? or some way of pulling money electronically out of my account. I don['t know this person. I informed the bank's fraud dept. to no avail. How can I get my mo ney back?

Thank you for your question.

How long ago did this occur?

What did the bank say when you turned in your fraud claim?
Customer: replied 3 years ago.

1. three m onths ago


2. bank said they would work on it. in three other cases they returned the m oney. one they didn't.

If the bank will not confirm that the withdraw was a fraud, there are two things you can do.

The first is to sue the bank. The bank has guaranteed that it will not allow unauthorized withdraws from your account. If it does allow this, it breaches the banking agreement it has with you. You may sue for up to $3,000.00 in small claims court. If the amount in controversy is more than $3,000.00, then you will need to hire a lawyer to handle the lawsuit for you, as it will have to be brought in a higher trial court.

You may also sue the person who took the money directly if you are able to identify that person. In most cases, it may be impossible to determine the true identity of the person who made the fraudulent withdraw. Have you asked your bank to confirm the identity of the person and the destination of the transferred money?
Customer: replied 3 years ago.

the bank agrees that the withdrawal was a fraud.


they just can't get a hold of the person who did it.


the amount is less than $3,000.


in the case of an electronic withdrawal, where there are no signatures, is

the bank guarantee also in place?

Because you filed your notification in a timely manner, the bank is supposed to refund you the amount which was withdrawn fraudulently. Accordingly, if they continue to not refund this amount, then you may present a case in small claims.

Prior to doing this, I would send a letter by certified mail to the branch manager warning him that if the bank does not refund the amount wrongfully withdrawn which they have previously acknowledged as fraud, then you will be forced to file suit.
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