Can a bank go after an individual who illegally took $25,000 off of my credit card by impersonating me and who transfered the funds into their personel bank account?

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Can a bank go after an individual who illegally took $25,000 off of my credit card by impersonating me and who transfered the funds into their personel bank account?

Asked on March 12, 2013 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You could certainly "go after"--sue and also press charges--a person who stole from you, whether by identify theft of otherwise. The bank would be able to take legal action only if the bank itself suffered a loss--such as if the bank had to reimburse you for the money (if the bank did not suffer a loss, they have no grounds to sue). You may be able to take legal action against the bank if they were negligent, or unreasonably careless, in how they sought to verify identify and protect your funds--i.e. if they should have caught this fraudulent transaction in the exercise of normal care but did not.


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