Legal Question in Civil Litigation in California

My issue is about my Visa Check Card and fraud (credit card fraud? some form of identity theft?). Without going into specifics (can discuss via email, if desired), I used my Visa at a business establishment on 02-20-2011. This morning (02-28-11), I go into my bank online from home, to do a periodic check of finances, especially to make notes for the rent, and such, and discover that all of my checking, and almost all of my savings are vaped. One thing was some for some magazine service. I called my credit union, and have put canceled that card, and am submitting information, for disputing these charges. I have also reported the incident to the Van Nuys police (I live in Orange County). I have phone numbers, an address, and assumingly, there will be bank information, in regards to the business located in LA county. What I want to know is what sort Civil Suit I can bring against these people. If I didn't have a separate paypal, and some left over money from the Pell in my Higher One Account, I'd be really fucked, and I won't repeat what I really want to do, so I want to do the next best thing, and go after their assets. The card has only been used at this place, and one Exxon Mobile gas. Otherwise, this Enduring Freedom Veteran hasn't been using his money. Anyone help?


Asked on 2/28/11, 10:30 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You can file a civil suit but you wil have to show that the business and people you sue were responsible for the thief. The owner of the business will claim that he dd not know anyone was going to steal your credit card info. and he is not liable for the criminal acts of even an employee as he had no notice that the person might do so. You may wish to wait until the police finish their investigation to see who was the guilty person. You will also need to determine what you actual damages are as most attorneys will not take on a case worth less than a certain amount [often $15,000].

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Answered on 2/28/11, 11:01 pm


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