victim of credit card fraud

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victim of credit card fraud

My credit/debit card was stolen, and the person who took it charged less than $100 on it. They were arrested, and are being charged. I want to know if there is anything I can sue this person for.

Asked on April 23, 2009 under Criminal Law, Michigan

Answers:

GW, Member, Michigan and Hawaii Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

First, while the bad guy got $100, you are only liable to your bank for the first $50 under the fair credit reporting act, if the transactions were credit transactions. Second, yes, you can take the thief to small claims court for whatever your out-of-pocket damages are. Third, you may want to wait until the thief is sentenced, because it is likely the court will order him to make restitution to you anyway. If you do sue, the tricky part is collecting the judgment. It might be a big waste of time to get a judgment against a guy who steals credit cards--he probably doesn't have much money to pay it.


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