I filed police reports on the last few incidents, I have contested every case with the banks and been refunded on all except the last one where he figured out my pin number from my cell phone. Went and withdrew cash from bank atms, bought gas, fast food etc... I never gave him permission to use these cards and caused me a lot of mental/emotional/financial distress. He also stole my checks, got a hold of the temporary blank check book first issued to you when opening an account and filled his own name with the information and proceeded to use it like it was his. I have the evidence. Also caused destruction of my property, ruined my ebay account and business. I want him to be held accountable and want to be financially compensated for any of this stuff as he has never paid back a penny
Yes, you could file a small claims case against him. If you were looking to have him held accountable, only the district attorney can file criminal charges against him. You have filed a police report and that's about all you can do. You can check with the police to see if the DA is going to pick up the case or not.
In either a criminal or a small claims case, it all comes down to proof. Can the DAs office prove beyond a reasonable doubt that he did not have permission and that he committed a crime? Or, can you prove to the judges satisfaction that he did not have permission and stole your money?
Small claims will only allow $7,500 maximum. If you wish to be fully compensated then contact the bank's fraud department and let them handle it. Having them contact the police has just a little more influence. If you need further assistance then my suggestion is to contact an attorney. Good luck.
You can file a civil action for conversion of property, impairment of credit, and slander of credit, amongst other things. This will entitle you to recover compensatory and punitive damages. You'll need an attorney to do this. However, if he has no assets you may never be able to collect of any resulting judgment. While an outstanding judgment for damages will impair his credit, litigation can also be time consuming and expensive for you.
On balance, the best thing you might be able to do is just put this past you and move on with your life. However, this needs to be an informed decision. I suggest you consult with counsel, and discuss the advantages and disadvantages of proceeding with such an action and then make a decision as to how to proceed.
I speculate that this individual is judgment proof in that he has no lienable assets, leviable bank accounts, or garnishable wages. Perhaps I'm wrong and he's got assets, businesses, banking accounts, and or wages though it's odd he'd be using your credit and atm cards if he had his own money. You can bring him to small claims court but there's a rather small limit on what you can ask for; you're best served to retain counsel (assuming he's got assets worth pursuing). You can also be compensated if your ex-boyfriend is prosecuted criminally and convicted through court ordered victim restitution. Again, if the guy has no dough, you'll get no bread no matter you legal efforts. You may also wish to retain counsel to deal with you bank who has refused to compensate you despite your claiming you were the victim of fraud, ID theft, theft, and unauthorized criminal use of your card. I do know that atm or debit transactions offer less in the way of fraud protection than using a standard credit card does. The bank's logic is that an atm or debit transaction removes actual money from the cardholder's account whereas the credit card transaction does not. Since all cards are insured and banks are massive institutions who can bend when confronted with potential legal action, this may be little more than bureaucratic nonsense to keep you from your money which was fraudulently taken from your account. Bottom line, if your ex has money, go after him with civil suit for maximum damages; if your ex is broke cease dating deadbeats and go after the bank with a lawyer.
