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  1. #1

    Unhappy Fraudulent Use of a Debit Card Account

    My question involves criminal law for the state of: New York

    I had $486.78(includes overdraft) taken from me via grubhub. A previous friend of mine decided since they had "no real friends anymore" after I told them not to talk to me, they would get petty revenge by ordering pizza through my (unaware to me) undeleted debit card account for a month and half. I just noticed and filed a police report to press charges for petit larceny. If this person is already on probation and has a breaking and entering case for something else, will the effect of my case coincide? What is their potential outcome? What about my money? I have all the info and him admitting it via text in Skype, and he apparently admitted it to the police. Will that lessen his sentencing? Will a DA contact me?

    Sorry for the paragraph I've been having panic attacks lately. I'm also new to this site so sorry for any errors.

  2. #2
    Join Date
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    Default Re: Fraudulent Use of a Debit Card Account

    This was through your grubhub account, or was your debit card number saved in their account? Depending on what happened, your former friend might be planning to claim that he placed the charges inadvertently. Of course, if he's already confessed to you and the police that he knew what he was doing, it's too late for him to come up with new excuses....

    Any probation violation proceeding would be handled separately from a new criminal prosecution, and would be decided under a different burden of proof. It is possible to be convicted of a probation violation without being charged with a new offense, or without being convicted of the new offense.

    If a prosecutor authorizes charges out of the use of your debit card, you will be contacted about the prosecution of the case, and will have the opportunity to request restitution.

  3. #3

    Default Re: Fraudulent Use of a Debit Card Account

    He has openly stated he did it as a vindictive vendetta and I have it in skype text. I would like the show a DA and or do something about this. I want justice, I'm so hurt.

    It was my card I used like twice on his account and he used the info from it.

  4. #4
    Join Date
    Mar 2013
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    18,340

    Default Re: Fraudulent Use of a Debit Card Account

    Quote Quoting Helpisusuallyneeded
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    He has openly stated he did it as a vindictive vendetta and I have it in skype text. I would like the show a DA and or do something about this. I want justice,
    You filed the police report. Presumably you mentioned your evidence in the report. Now it's up to the authorities and you have no further say in it. You'll just have to wait and see how any criminal charges go.

    You also have the option of suing your ex-friend for the money in small claims court

    Quote Quoting Helpisusuallyneeded
    View Post
    I'm so hurt.
    Get over it.

    Quote Quoting Helpisusuallyneeded
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    It was my card I used like twice on his account and he used the info from it.
    Did you file a fraud report with your credit card company? If not, do it, and maybe the credit card company will reverse the charge.

  5. #5

    Default Re: Fraudulent Use of a Debit Card Account

    Quote Quoting adjusterjack
    View Post
    You filed the police report. Presumably you mentioned your evidence in the report. Now it's up to the authorities and you have no further say in it. You'll just have to wait and see how any criminal charges go.

    You also have the option of suing your ex-friend for the money in small claims court



    Get over it.



    Did you file a fraud report with your credit card company? If not, do it, and maybe the credit card company will reverse the charge.
    I do appreciate advice, but aren't you being very cold? I'm at the bank now about my debit card and filing a dispute. I don't know how well small claims court would go because I cannot afford a lawyer. I am still pretty young, and do not have an actual career yet.

    Would I need a lawyer to get a restraining order? I'm scared that someone who would be mad that someone didn't want to be their friend would use a crazy route and steal money, why wouldn't they want to harm someone?

  6. #6
    Join Date
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    Default Re: Fraudulent Use of a Debit Card Account

    If the bank reverses the charges, then the bank becomes the victim who suffered the loss. So, you cannot double dip and also ask the court for restitution.

    You do not necessarily need a lawyer to file a claim in small claims court. But, you will need to do some research to file the suit properly with the court. Again, if the bank refunds your account, you no longer have a loss and no grounds to file a small claims suit.

    You also do not need an attorney to file for a restraining order. However, without some continuing harassing behavior, threat of harm, etc., you may not have cause for a restraining order. Just because someone stole from you is not reason to believe there is a threat of physical harm…even if you feel the behavior is "crazy." It will be up to you to convince the judge that there is a valid reason to issue a restraining order.

  7. #7
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: Fraudulent Use of a Debit Card Account

    Debit cards operate differently. It is unlikely they will eat any of the charges.

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