Legal Question in Banking Law in Ohio


This past Halloween my girlfriend and I were at a bar. My girlfriend opened a tab and then closed it at the end of the night.

She used the card a couple times (Chipotle & Time Warner Bill) and then it was declined.

She went into the bank only to find out that the bar had given her the wrong card. Looked exactly like hers (same bank, color etc).

The bank told her they would contact the other party and resolve things and she gave them the card.

The bar still had her card and she retrieved it.

Well today she was contacted by Lakewood, OH police department saying she is now a suspect in a crime and needs to schedule an interview.

She is going to re-visit the bank today and find out what is going on and then call back the police. She has no previous record whatsoever.

What can we expect from a situation like this? I know sometimes police can be a little rough in questioning so I want her to be prepared. Is this just a simple case of the bar being at fault here?

Any advice on the course of action would be greatly appreciated.

Thank you for your time.

Asked on 11/11/10, 10:53 am

1 Answer from Attorneys

Timothy Hess T. Hess & Associates, LLC

She should not talk to the police without an attorney. She, or her attorney, needs to get sworn statements from the bar employee and manager before speaking with the police. Also from the bank and that the charges were taken off the other person's account and charged to your wife.

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Answered on 11/20/10, 1:05 pm

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