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ATM Card Lost, Now I'm Overdrawn

I recently went to Seattle and my wallet was stolen. Somehow my PIN was also obtained. The thief deposited $3,000 into my account with empty envelopes and then withdrew $900. My account in now in the negative and the security person at my bank is telling me that I am responsible since its a PIN based transaction. Can they hold me accountable when I have no idea how my PIN was obtained?


You should enter a claim with your bank (if you have not already done so) that the transactions were not authorized. Give the bank information on when you realized your card was stolen or missing, and a written statement that the transactions (each of which you should list) were not completed or authorized by you. Whether or how your PIN was compromised is immaterial to whether the transactions were authorized, unless you gave the card and PIN to someone with authority to use it (which is not the case).

If you made a police report of the theft, you should include a copy with your claim to the bank. They cannot, however, require that a police report be included (or made). They must decide, based on the facts at their disposal, whether you authorized the withdrawals or not. If they agree that you did not authorize them, they may retain up to $50 of any withdrawals made within two business days of your becoming aware that the card was gone, but must refund the balance.

If your claim is made in writing, the bank is obliged in most cases to give you provisional credit for the transactions while it investigates your case. If the bank decides that the transactions were authorized, your provisional credit will be reversed. You will be out the funds, unless you decide to take the matter to court and prevail there.

Published on BankingQuestions.com 3/06/07