I lost my bank card and someone used it for about $850.00. The bank refused to refund the money and gave me no valid reason.
I filed complaints with the BBB and the Comptroller of the Currency. They couldn't do anything about it.
I'm about to sue them in Small Claim court. Since I'm very low income, losing that money and trying to recover it for a year
Caused me a great mental anguish.
How can I materialize that mental anguish into a dollar amount.
I'm in Washington state.

Thank you.

No , first all small claims court that I know of, only allow for actual loss.
And really that is not a pain and suffering issue,

The BBB does not do anything to get money back, it merely files complains.

After you filed the police report for theft of the card, and gave the bank a copy of it, what did they say ?

Quote:

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Originally Posted by Fr_Chuck

no , first all small claims court that I know of, only allow for actual loss.
And really that is not a pain and suffering issue,

The BBB does not do anything to get money back, it merely files complains.

After you filed the police report for theft of the card, and gave the bank a copy of it, what did they say ?

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I did everything I was supposed to do, and I know I will easily win when I sue. That’s not the issue.

The absence of that money did cause me a lot of anguish and distress. I just need to see how to evaluate it and to present it to the court.

First, why do you think you will easily win? Federal Law limits your liability to $50 if you properly reported the loss. So, if your bank refused to refund the $800 I suspect they had good reason.

Yes, I am wondering what was their reason for denial.

And while I am sure it was stress, to try to sue for it, ( and I doubt you would win it anyway) you will have to move from small claims to normal civil court and hire an attorney to represent you. Your attorney would cost 3 or 4 times what you would win

Quote:

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Originally Posted by ScottGem

First, why do you think you will easily win? Federal Law limits your liability to $50 if you properly reported the loss. So, if your bank refused to refund the $800 I suspect they had good reason.

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The reason they gave is that they suspect that I authorized the charges. To this day they haven't told me What their suspicion is based on .
I have proof that I was 300 miles away from where my card was used when it was used. They lied to me on phone and in writing (I have proof for that too).
I personally think that my broken English on the phone and the fact that my account was new gave them the impression that I'm ignorant.

I know I'm going to win, because they obviously disregarded the regulations. But I want to have them pay as much possible for what they done to me .

Quote:

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Originally Posted by acsuser1

The reason they gave is that they suspect that I authorized the charges. To this day they haven't told me What their suspicion is based on .
I have proof that I was 300 miles away from where my card was used when it was used. they lied to me on phone and in writing (I have proof for that too).
I personally think that my broken English on the phone and the fact that my account was new gave them the impression that I'm ignorant.

I know I'm going to win, because they obviously disregarded the regulations. but I want to have them pay as much possible for what they done to me .

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Here's the thing. It doesn't matter whether you used the card or not. So being 300 miles away has no bearing. What matters is, if they can show that the card was used with your permission. Its possible the pattern of spending was not dissimilar to your use of the card. There is also the issue of reporting the loss of the card. When did you do this in relation to when the charges were posted?

I don't know you will win. I think its very possible you will lose. You don't say what bank or how big they are, but I can't conceive of one that would risk being investigated over $800. Its penny ante. They must feel they have convincing proof.

As for exacting your pound of flesh. That's not going to happen in small claims court. You said you went to the Comptroller of the Currency. I assume that's the agency that oversees banks in your area. What did they say?

Quote:

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Originally Posted by ScottGem

Here's the thing. It doesn't matter whether you used the card or not. So being 300 miles away has no bearing. What matters is, if they can show that the card was used with your permission. Its possible the pattern of spending was not dissimilar to your use of the card. There is also the issue of reporting the loss of the card. When did you do this in relation to when the charges were posted?

I don't know you will win. I think its very possible you will lose. You don't say what bank or how big they are, but I can't conceive of one that would risk being investigated over $800. Its penny ante. They must feel they have convincing proof.

As for exacting your pound of flesh. that's not going to happen in small claims court. You said you went to the Comptroller of the Currency. I assume that's the agency that oversees banks in your area. What did they say?

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How would they have a conceiving proof if I didn't use the card?
If they have no proof and no lawyers are allowed is small claim court, what makes you think I would loose?
$800 is nothing for them, but they're hoping I get intimidated into giving up.

Years ago, many people ask me not to sue a federal agency in fear of retaliation, but I did and I won. So, I don't really care how big chase is, I I will sue, get my money back and then some.

I'm not saying not to sue. But don't be so confident you will win. And no, you will not get "then some". You will be reimbursed for your actual loss and maybe court costs, nothing more.

" I know I will easily win when I sue. That's not the issue." what rules did they break and why do you think you will win? You have already asked your question and gotten very good responses, yet you still think you have a good case. What is your cased based on, what regulations weren't followed by your card company?

Personal injury cases will reimburse a person for pain and suffering; contract law, debt, similar cases do not - whether it's Small Claims or some other superior court.

I asked an Actual lawyer and here is she replied:

"Since there is really no limit to the amount that can be asked for "pain and suffering", the general rule of thumb is to ask for an amount that would bring the total claim up to the maximum allowed amount, which is $5000. You can ask for "pain and suffering", and also for "punitive damages".

You are allowed to ask for pain and suffering in Small Claims court. You can ask for anything that involves payment of money. What you cannot ask for is an order for someone to do or not do something."

For anybody who is going through the same I hope this would be helpful.
Don't get intimidated by anybody.

Do your homework and sue for the max. No one can have lawyers in small claim court and CEOs don't show up for $5000 lawsuit.
Ask actual law experts even if you have to pay little fee. Visit you local law library.
Sit through other people's lawsuits in court, you'd learn a lot.
Above all DON'T GIVE UP, major companies make it so had to sue them because they know you'll win if you do.
I'm going to sue for $5000 toward the beginning of March 2010. I' know I'm going to win (most of it at least) but I'll keep you updated.
Good luck.

Maybe you need to do your homework. This guideline to Washington State Small claims court seems to disagree with you:

http://www.lawhelp.org/documents/165...ateabbrev=/WA/

Quote:

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Originally Posted by acsuser1

I asked an Actual lawyer and here is she replied:

"Since there is really no limit to the amount that can be asked for "pain and suffering", the general rule of thumb is to ask for an amount that would bring the total claim up to the maximum allowed amount, which is $5000. You can ask for "pain and suffering", and also for "punitive damages".

You are allowed to ask for pain and suffering in Small Claims court. You can ask for anything that involves payment of money. What you cannot ask for is an order for someone to do or not do something."

For anybody who is going through the same I hope this would be helpful.
Don't get intimidated by anybody.

Do your homework and sue for the max. No one can have lawyers in small claim court and CEOs don't show up for $5000 lawsuit.
Ask actual law experts even if you have to pay little fee. Visit you local law library.
Sit through other people's lawsuits in court, you'd learn a lot.
Above all DON'T GIVE UP, major companies make it so had to sue them because they know you'll win if you do.
I'm going to sue for $5000 toward the beginning of March 2010. I' know I'm going to win (most of it at least) but I'll keep you updated.
Good luck.

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Find out where your Attorney went to law school - I'd be interested to know because I looked at State law and this is NOT what it says.

No one in Small Claims Court can have an Attorney? Pain and suffering in what is basically a contract case? Nonsense.

In fact, I think you are quoting from another Q/A site (which has been quoted before) and I am off to search what it is.

Here is the lawyer I asked:

I lost my bank card and someone used it for abou... - JustAnswer

{Mod note: Identifying info removed-<>}

The problem here is that we can't see what she answered because that's a pay site. So we don't know what she actually answered that you may have misinterpreted. Also did she look up WA law or respond relative to NY law?

I looked at the WA law you linked to and it doesn't say what you think it does. But if you like her answer better than ours, then file your suit. When its rehjected by the court, see if she will reimburse you for your fees.

P.S. We will not allow the personal attacks you have posted. They have been removed and you have been warned.

Just as a side note this is cut and paste info - I KNEW it had been posted here before but couldn't remember where/how. Someone else asking a similar question also (obviously) used the other site.

Can't wait to see how this one plays out - maybe we'll all learn something.

You folks need to come over to plumbing and home repair with me. At least there when a home owner asks a question they don't then tell you that you're wrong.

I contacted a computer company to fix my tablet. Oh yeah, they took my payment, but didn't fix my tablet, and will not answer their company phone. Can I sue them in small claims court for my money back, and punitive damages ?because now my tablet is worse than before.

You can sue for punitive damges, but you won't win.

And, yes, sue for your damages.