Legal Question in Banking Law in California

A friend of the family withdrew $200 (unauthorized) from the ATM. He had taken the card out of my wallet before I went to a doctor appointment about 20 miles away. I had given him my code 4 days prior to have the oil changed in my truck, which he gave me a receipt for and my card back.

He admitted he did it, in writing over instant messenger and I have the archives. He was going to "work it off" and has not.

At this time I need to take the right course of action. Should I file a police report, or a fraud report with my bank, or...?


Asked on 10/22/09, 1:26 pm

1 Answer from Attorneys

I'm not up on the nuances of banking law, but I'm pretty sure that if you gave him the pin the bank is off the hook. They'll just tell you to change your pin and quit giving it out.

What he did is a crime, however. So if you want to take action, you can call the police.

You can also take him to small claims court, but if he's not able to pay you back that won't do much good.

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Answered on 10/22/09, 1:47 pm


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