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#8978 - 01/17/02 05:52 AM Reg E Disputes - Police Report Required?
cboynefirstgabank Offline
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cboynefirstgabank
Joined: Apr 2001
Posts: 147
brunswick ga usa
Do we have the right to require our customers to provide us with a police report when they say their debit card has been stolen (with the PIN written on it of course)and it has been used at an ATM? Can we require a police report before refunding any money? I know we have zero claim rights here, and I probably already know the answer to this question...but... we have a case of a son getting a mom's card with the pin and wiping out her account. Of course she wants her money back and we want the son!!! We want her to complete a police report saying her card was stolen, but do we have the right to "require" her to do this? I do not believe we can under Reg E, but others opinons are if mom realizes we will prosecute her son she may drop her claim. Do any of you require anything other than the affidavit before refunding money?

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General Discussion
#8979 - 01/16/02 06:09 PM Re: Reg E Disputes - Police Report Required?
BrendaC Offline
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BrendaC
Joined: Sep 2001
Posts: 6,029
Sweet Home AL
I believe you are correct in that you cannot require a police report. You might want to document her statement regarding the situation as part of the affidavit process. There is something about making a statement in writing which is being notarized in front of you that makes customers a little more careful about their allegations.
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#8980 - 01/16/02 06:19 PM Re: Reg E Disputes - Police Report Required?
waldensouth Offline
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waldensouth
Joined: Nov 2001
Posts: 7,983
FINALLY ABOVE the gnat line
Generally speaking, whoever takes the loss completes the police report. You may have the customer complete an affidavit indicating that her card was stolen and whether or not she had knowledge of who stole it. Reg. E does not allow you to require a police report prior to investigating the customer's claim.
We do let our customers know that we prosecute when we discover who has done this and that their testimony may be needed.
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#8981 - 01/16/02 07:43 PM Re: Reg E Disputes - Police Report Required?
Andy_Z Offline
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Andy_Z
Joined: Oct 2000
Posts: 27,748
On the Net
Brenda and Louvera are correct.

1) You can't require the PD report.
2) You take the loss and you can go after the son.
3) Letting her know this, she may drop the claim (in which case I'd get that from her in writing) and she'll work it out with him.
4) She may (read this as I have been down this road) say "I won't file a report, but that boy needs to learn about this, good luck" in which case you need to decide if you are or are not going to prosecute.
5) Take away mom's debit card.

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Andy Zavoina
Opinions stated are not necessarily that of my employer.

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#8982 - 01/16/02 07:54 PM Re: Reg E Disputes - Police Report Required?
Princess Romeo Offline

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Princess Romeo
Joined: Jun 2001
Posts: 8,272
Where the heart is
If Mom won't file a police report, and you have evidence that the son took the money, check with your attorney about prosecuting the son for the theft and the mother as an accessory.
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