If you know who drained your account, you should go after them civilly. While the facts are not clear, if you gave someone access to your bank account and debit card and now are claiming fraud, you may be opening yourself up to criminal charges.
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A person who believes funds were electronically and without authorization removed from a bank account should file a police report and provide all known information to conduct a reasonable investigation. Although a police report is not required, it is highly recommended.
When an "access device," such as a debit card is used, the Electronic Funds Transfer Act (EFTA), 15 U.S.C. § 1693, et seq., and Federal Reserve Regulation E (Reg. E), 12 C.F.R. § 205.1, et seq., define a consumer's rights and obligations. Both are linked below. (The cites may not reflect the latest amendments.) The law and regulations are complicated, so the Federal Reserve has tried to simplify them with a non-binding handbook also linked below. Page 12 describes the deadlines to serve written notice upon a bank to assert rights under the EFTA and Reg. E.
A person MUST assert his or her rights in writing verifiable through certified/return receipt requested mail. Telephone calls, faxes, email, bank websites, etc. do NOT fully preserve rights.
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