Legal Question in Banking Law in California

I had a joint account with my mom that I never used, I was only on it to close it out if something was to happen to her. January 2010 she passed away so I went in and closed her account. They never closed it because 3 months later I found out that someone ordered a debit card and fraudulent debit card. They did over 77 charges even deposited fake checks. The account was funded by my moms SSI benefits until they stopped payments, so march 2010 the account was overdrawn 1300$. I have a chase account with my husband and one day woke up missing the $1300. I called and they told me about the charges and I had to pay it because I was named on the account and they had notified me. They did NOT notify me and if they can get into my personal account then they have access to my address and phone #. So I filed a police report and went into my local branch for help. They keep giving me the run around having me fax the death certificate more than 5x and the police report multiple times. It's now October 2010 and I haven't seen a dime back. They gave part of the money back then reversed it all THEN charged overdraft fees and other fees on it all, and august they took another $500 even though the account was clearly stated as fraudulent. I'm sick of being given the run around and I think it's bullshit that I haven't gotten my money back. They keep saying I need a "will"stating my moms owe of attorney but the problem is she didn't have anything so why the HELL would she have one. Please help they shouldn't be able to get away with this. Can I sue them?


Asked on 10/01/10, 11:03 am

1 Answer from Attorneys

You can always sue them. The question is whether or not you will succeed. You are going to have to prove a lot to win, starting with that you closed the account before the fraudulent activity. I strongly suggest you see an attorney in person if you want to persue this. It's going to depend on documentation and details that cannot be dealt with in this forum.

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Answered on 10/06/10, 11:12 am


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