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unauthorized withdrawal

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1unauthorized withdrawal Empty unauthorized withdrawal Mon Nov 15, 2010 4:20 pm

boy_bolitaz


Arresto Menor

Hello po atty, ask ko lang, ano po ang bank's liability if there is an unauthorized ATM withdrawal na hindi gamit ang ATM card ng client?

ganito po yun, last thursday, i left and went to a distant city for an activity. the whole friday, saturday & most of sunday, wala ako sa current location ko.

there was a withdrawal made from the atm dito sa current location ko noong friday, kahit nasa distant city ako, and many can attest na i was really in that distant city.

dala ko rin ang atm card ko because i used it to withdraw money on sunday before coming back to my current location.

ano kaya ang pwedeng liability ng bank and ano ang kaso laban sa kanila? can i sue them for damages and being negligient in ensuring the security of my deposit?
thank you very much!

2unauthorized withdrawal Empty Re: unauthorized withdrawal Tue Nov 16, 2010 1:35 pm

attyLLL


moderator

if it can be proven that you had nothing to do with the withdrawal, whether directly or by your negligence, then the bank should return the money.

you will have to prove that the bank was negligent in allowing the withdrawals if you are after damages.

it may be your atm card was copied. good luck.

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