A friend used my bankcard and committed bank fraud by writing a check and then withdrawing money that wasnt in my account the bank people told that i owe them the money cause i broke their terms of agreement but they said i could take him to court and possibly win. So i was wondering if i have a strong enough case to win against him court i have a legal copy of the fraudulent check from the bank.
2 Answers from Attorneys
Without far more details there is no way to answer you.
How could someone use your bankcard to write a check? Only you would have the checkbook so this does not make much sense absent more facts. .
Also, did you permit the soon-to-be-ex friend to use your bankcard?
As between you and the bank, you may be liable if you gave out your bankcard. This person was not an authorized user or joint account holder and you may have broken the terms of service of the bank. In the future - do NOT ever let others use your bankcard. If they need money, you either loan or gift it to them or purchase the item for them. But you do not give out your bank card information.
As between you and the friend. How badly do you wish to get them in trouble for their fraudulent activities? Did the friend cause you a financial loss? How likely is it that you will ever see the money again?
Since you admittedly gave the card to your friend, it is unlikely that the bank will reimburse you for the money and prosecute. You will have to make efforts to repay the bank as quickly as possible.
If you are still on speaking terms with this person, I would ask them to reimburse you for any funds that you have to pay out to the bank. Give the person a deadline. If the person does not comply or has no funds and you don't care what happens to them, then contact law enforcement or the local magistrate. File a police report or have a warrant issued for their arrest. Any damages can be then awarded to you as restitution.
If there is no financial loss to you, then what are you suing for? You have no damages. If you have a financial loss, then of course you can sue. Whether you will prevail or not, I cannot say as I do not have all of the facts or evidence. While the check would help - more is at issue as noted by Attorney Ashman.
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