My question involves collection proceedings in the State of: TX
Hello,
My mother noticed fraudulent charges of $159 on her bank's credit card statement, back in July, 2012. She promptly contacted the bank, they cancelled and replaced the card, and she mailed the fraud form within a week.
Several months passed, and they claim they never received the forms. She went to a bank branch, whose representative faxed the forms to their credit card fraud department. One month later, she realized they had not taken action, and spoke over the phone to a rep who had her email the faxed copies. They did nothing.
1.5 years later they sent a letter claiming they never received the form within 30 days. None of their prior correspondence or interactions mentioned that time frame, except of course the back of their paper statements. All of her banking is done online. The bank advertises things like no risk on fraudulent charges and other laughable things.
We have contacted the FTC, BBB, Visa, and the police. About the only thing we haven't done is contact local news organizations, or State agencies. Without a return receipt for the initial claim forms that she mailed, does she have any chance of winning a small claims court case? If so, does she need to send a demand letter, or is it obvious we have acted in good faith? The bank is based in AL, branch in TX.
Best

