Legal Question in Banking Law in Maryland

Identity theft issue

I was a victim of identity theft in December, 2001. Money was taken from my checking account twice in two weeks. My bank returned the money both times, but the second time they were very uncooperative with me and did not treat me well. Recently, I was charged with overdrafts that occurred during this theft to my old account (of course, I set up a new one). I was told about two days ago that the amount was charged off and I had nothing to worry about. Today, I received a ''statement'' in the mail that the money was withdrawn from my checking account anyway. I called and was told that even though it was charged off, it could be taken anyway. Why wasn't I informed? Do I have a case? First everthing was ok and now I'm being held responsible for an overdraft caused by someone in Indonesia who stole my identity where the bank gave it to the person as a ''courtesy'' to me. What can I do?


Asked on 2/02/02, 6:10 pm

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Identity theft issue

Each identity theft case has its own issues to address. Past banking issues, title matters, credit and loan application, social security benefits, insurance proceeds....and the list goes on and on...such list seems limited only by the ingenuity and criminality of the theives. Agressive action should be taken.

Closing bank accounts and re-opening them with specific provisions and constraints is one method to stop your losses. Do not provide any information on new accounts to third parties without specific non-disclosure notices.

Re-couping losses is another matter. It is helpful to have an attorney who has ability to apply law and pronouncements set forth under or by the Uniform Commercial Code, Comproller of the Currency, Securities and Exchange Commission, International banking organizations, relevant state law, Federal reserve, and other applicable sources.

There are other specific actions that you should be taking to protect yourself from further losses. Please feel free to contact me at (410) 799-9002. I am available to post appropriate notices seeking protection in the future.

G. Joseph Holthaus III

(410) 799-9002

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Answered on 2/02/02, 9:46 pm


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