What can I do if I realized that a clerk at a gas station swiped my card for over $700 extra?

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What can I do if I realized that a clerk at a gas station swiped my card for over $700 extra?

I already contacted my bank and they are working on the fraud/financial side of things, but I was wonder what my litigious/criminal possibilities might be? I know what the clerk looks like, and called the business and asked about the charge, to a manager who seemed obvious. But like I said, I remember the girl, as this was only 2 days ago.

Asked on August 1, 2014 under Business Law, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) If done with criminal intent (that is, not simply by mistake, or negligently), it is a crime--theft. You can report this to the police; they may investigate and determine whether the clerk should be arrested.

2) If are not fully reimbursed by your bank, you could sue the gas station and the clerk personally to recover your money. For $700, you would be best off suing in small claims court, acting as your own attorney.


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