Legal Question in Civil Litigation in California

Do you think it is worth it to go to small claims court if I gave a friend my debit card and pin number and they emptied my bank account and disappeared? Even though I gave them the card and pin to make specific purchases, am I at complete fault, or is it worth trying to get my money back?


Asked on 8/26/10, 12:40 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Disappeared is 'gone'. Unlikely you'll ever locate them to sue. File a crime report if you can with the police, but they [and your bank] will probably tell you that you gave consent when you loaned the card. Learn from this.

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Answered on 8/31/10, 12:59 pm

It costs about $50 to file in Small Claims Court, and if you do not have any friends willing to help you serve the guy, it will cost you some more money to get the defendant properly served. I would get your Small Claims Lawsuit ready to be filed, and if you find the thief, file your small claims lawsuit, and get it personally served by someone who is over the age of 18 and not related to you by blood or marriage.

If you are able to serve him, trial goes really quickly, if he shows up or not. Bring your records to trial. Bring your bank statements showing the unauthorized transactions, and testify as to what you said he could do versus what he did. Ask for all of your money back plus your costs of suit, the filing fee of $50 plus any cost to serve the defendant.

Judgments last for 10 years and can be renewed if you apply to do so before the 10-year period expires. Judgments also bear interest at the rate of ten percent per annum until paid in full. Thus, I really would pursue this person if you can find him. If you need help finding him, please give me a call at 619-991-0548.

I agree with Terry Nelson, I would also file a police report if the police permit you to do so. Good luck!

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Answered on 9/01/10, 7:04 pm


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