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Require Police Report to make Claim?

If a mother allows her son to use her debit card and PIN, then another day the son takes the card and withdraws cash from the ATM (which we have video of him) and the mother does not want to press charges, does she have dispute rights? Can we the bank require the police report in order for her to make a claim? She says he does this all the time and he lives with her.

A: by Randy Carey:

You cannot make her file a police report, but be sure to let her know that if the bank suffers the loss, the bank will file the police report if she claims these transactions were not authorized since you have the criminal on camera and will sue her son in small claims court. Also, cancel her card and do not issue her a new one.


A: by John Burnett:

If you tell this woman that you will press charges against her son and she decides to withdraw her claim in an attempt to protect him, you should make certain she withdraws the claim in writing. You should also cancel her card (and perhaps the banking relationship) based on her apparent inability or unwillingness to prevent her son from stealing the card to take money from her account.

First published on 10/03/2021

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