NEEDING ATTY/LAWYER ADVICE

[Kay of Houston]

I am needing advice. It IS NOT Hobby related. Short version; I had received a Settlement awhile back. I ended up in ICU. The hospital gave my purse to someone I have been off and on with for years. He knew I had the money in the bank. Yes he knew my pin # because on occasion he would go to the store for me as I don't have a vehicle. While in the hospital, he was taking out $800 on a daily basis.

Ive filed with the bank but they wont do anything. It equats to over $12,000 dollars. I do have text messages were he says he would get me my money back but this has gone on since late June 2019.

Thanks,
Kay of Houston

[boardman]

I think your best bet is to find an attorney that offers free initial consultations and ask him/her if you stand a chance at recovery. I seriously doubt you have much of a chance but I'm not a lawyer.
You gave out the pin which is a PERSONAL identification #. The banks stance, I'm sure, is that you shouldn't have given that out and it's all on you. They're certainly not going to give it back. They didn't do anything wrong.

Going to court might cost more than you've already lost. But again, consult an attorney. Good Luck!

[Kay of Houston]

Thank you. I'm afraid you may be right. What my stance with the bank was if they looked at the ATM videos, it wasn't me. I have never ever used the ATM machine. Sucks, and not in a good way

[boardman]

Originally Posted by Kay of Houston

Thank you. I'm afraid you may be right. What my stance with the bank was if they looked at the ATM videos, it wasn't me. I have never ever used the ATM machine. Sucks, and not in a good way

I imagine that their stance is going to be, Did you report the card lost or stolen? Have you filed a police report?


Yeah, it sucks to have anything stolen from you. Lots of shitty people out there. I find myself trusting fewer and fewer people every day and I hate being like that.

[Titanium]

im no lawyer there either, but i think this is a valid argument

if someone skims your card or gets access to your pin and your card, then they are unauthorized to withdraw funds, in the case of card fraud the banks refund it, but in the case where you gave the person your pin, then maybe not

[O'Mike]

This might be a cheaper option than paying a lawyer. (who would probably cost more than the little you will not collect if you win due to current limits)



https://guides.sll.texas.gov/small-claims

[Fizley]

Need to hire an attorney to go after your ex. Laws are written in the favor of the bank. Once you gave him your pin # he bacame an authorized user.

[TryWeakly]

I believe this is true.

[Guest042522]

I sent you a PM, KAY.

[Lucas McCain]

You shouldn't waste your money on an attorney. That money is gone. He took it from you for a reason (because he has no money). Don't throw good money after bad money to recoup the money that he probably has already spent all of by now.

Also, change your fucking pin# and never give it out to anyone ever again.

Sincerely,

Captain Obvious

[Kay of Houston]

Here's the kicker or another slap in the face. He was in the VA hospital in serious condition. Once he was released he stayed with me for over a year. I paid all the bills, rent utilities food etc, Helped him get from almost 400lbs to about 196lbs.

Color me stupid.

Yes I have a police report. Bank still wont do anything. I have med record showing I was in the hospital during the time of all of this BS.

[Kay of Houston]

Right. I'm just praying that some point he'll get a conscious If not for me he would of been on the streets.

[boardman]

Sorry that's happened to you but yeah, the money is gone. He was taking yours because he didn't have any of his own. Dude let you take care of him and apparently didn't offer to pay you back for that but took more than you knew you were giving. Pretty much a scumbag.



Bottom line is you gave up your card and your pin willfully because you trusted the guy. That's not the bank's problem. Unless the guy comes into a windfall he probably doesn't have the capacity to pay you back. Even then he'd have to get a conscience and that seems unlikely based on what he's already done.


Hiring an attorney will likely cost more than you'll recover and it will stretch the whole thing out to where you are wasting not only money but time and emotion over the frustration of a legal system that is built to benefit the attorneys the most. You can still seek a free consultation but beware of any attorney who sells you on this being an easy resolution.



It's an expensive lesson. Hope you can move on from it soon.

[Chlorine]

At taking $800.00 per day everyday (which I assume was the max amount) he had an agenda to drain every dime out as quickly as he could. Do you even know where this person is? The reason I asked it sounds like a Civil matter and if you were to sue him, he would have to be able to be accessible to be served the subpoena.

[Lucas McCain]

Originally Posted by Chlorine

At taking $800.00 per day everyday (which I assume was the max amount) he had an agenda to drain every dime out as quickly as he could. Do you even know where this person is? The reason I asked it sounds like a Civil matter and if you were to sue him, he would have to be able to be accessible to be served the subpoena.

It doesn't matter if she takes him to court and gets a judgement against him. He has no money to pay her anything. It's just a waste of her time and money if she goes that route. A lawyer is not going to take her case for a contingecy fee, so she will have to pay him or her their hourly rate which will ultimately end up costing her more than what that bum actually owes her... who cares about winning a judgement against someone who can't pay any of it? That money is gone for good and there is no need to waste money to try to get money that you will never get back.