[aab08]

hi i have just recently lost over $1200; someone decided they wanted to buy phones from a well known company with my card number, online. I reported my card stolen filed a report with the police and spoke to the bank and company. i have an account with the company but the people didnt go through my account. they bought the phones sent 1 to me and 2 to there house which i have the address to. my wife found their names and numbers. I wanted to know if i would be able to sue either the people who did it or the company that let them do it. i would think it would be red flagged or something. i would also like to know how much i would be able to sue for. thanks

[cdwjava]

I'm a little confused as to why someone would steal your card, then send you a phone?? These are dumb crooks!

If the company accepted the card in good faith, you have no cause for action against them.

As for the suspects, you need to report the crime to the police and let THEM handle it. You can sue the crooks also, if you wish, but a criminal prosecution would certainly help.

- Carl

[aab08]

I have filed a police report and am hoping for the criminals to be put away for a while. how much do you think i would be able to sue for? thank you

[cdwjava]

I have filed a police report and am hoping for the criminals to be put away for a while. how much do you think i would be able to sue for? thank you

Well, if you are out $1,200, then I'd say the suit would be for $1,200 and any related costs. However, this is likely a small claims court action so you'll have to handle it yourself. Plus, do the suspects have the ability to pay it back?

Do they live in the same city, county or state? if they live out of state, even a prosecution will be difficult. Plus, keep in mind, that just because the phones were delivered to their residence does not mean they committed the crime. Many such frauds are committed that have the goods delivered to unsuspecting residents where the real criminal snags them off the porch when they are delivered. These cases can be hard to prove unless there is something hard and fast that identifies the suspect or they were dumb enough to accept and sign for the fraudulently obtained phones.

- Carl

[aab08]

ic. yes the person is out of state; as long as i get my money back i will be ok. My main thing is to get these people in jail. thank you

[cdwjava]

ic. yes the person is out of state; as long as i get my money back i will be ok. My main thing is to get these people in jail. thank you

Well then, don't count on a successful prosecution, either. It's going to be nearly impossible to prove the act, and if you are going to be made whole by your bank or credit card company, then the "victim" effectively becomes the financial institution.

Unless the crooks were really stupid, chances are they will not be prosecuted. Like I said, just because the goods were delivered somewhere does not mean those people were involved or that their involvement can be established sufficiently for a prosecution ... not to mention that they might have to be extradited to your state and that is very rare in these cases.

- Carl