What to do if I gave a POA to a friend while I was incarcerated to get a debit card, however she then used that card to make multiple withdrawals that I didn’t authorize?
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What to do if I gave a POA to a friend while I was incarcerated to get a debit card, however she then used that card to make multiple withdrawals that I didn’t authorize?
She used the card against my checking account but I didn’t find out until after I was released and closed the account. I only have the bank statements as evidence (she confessed to it when pressed over email). Do I have any legal recourse to force her to reimburse the money she spent? Also, she refuses to return the original, notarized document, claiming she has lost it. How do I prevent her from using it to apply for credit or loans in my name in the future? The POA was a general durable power.
Asked on March 27, 2013 under Bankruptcy Law, New Hampshire
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You create a new Power of Attorney revocation document specifically revoking her authority and have it notarized. Take it the bank and also submit copies to your credit bureaus. Explain what occurred to the credit bureaus if this has impacted your credit and report her to the police. She committed a crime and depending on the amount this person took from you, she may have committed a felony. The prosecutor should push for restitution as part of the charges and sentencing.
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