What are my rights if I’m a recent victim of identity theft with unauthorized charges to my debit card and checking account?

UPDATED: Dec 1, 2013

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What are my rights if I’m a recent victim of identity theft with unauthorized charges to my debit card and checking account?

Having claimed bankruptcy over a year ago and having had about $400 in overdraft credit from my bank that was wiped out, I was just informed from the bank that they are closing my account due to this. I would never have listed them as a debt if I knew it would jeopardize my account of which I’ve had for over 20 years. And why didn’t they do anything a year ago? Also, can they close my account while the theft that they allowed is being investigated and in progress?

Asked on December 1, 2013 under Business Law, New Jersey


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Based upon what you have written about, you need to send the financial institution that you have written about all documentation including police reports concerning your identity theft and the charges that you have been unjustly assessed to try and resolve the matter. If not resolved, your recourse is toi make a complaint with your state's department of corporations that oversees complaints as to financial instirutions in your state.

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