If my son stole my debit card and used it to make a puchase of over $1000, can I sue the store for not IDing

Question

the store will not let us return the purchases and we just want to get our money back.

Answer 1

It must be the store's fault since you are a very good parent, and raised a very nice young man. The store drove him to steal your card and use it, didn't they?

*EDIT* - You just want your money back? Simple: Have you son pay you back. He stole your card and used it without your permission, so he should be held accountable for your loss.

Answer 2

You can, but only if it is obvious that your child was a minor.

and remember, the only way you can prove that your child made the purchase is to have him admit it. Once he admits it, the store can in turn have him arrested for theft and fraud, since you are asking for reinbursement.

Answer 3

Did he do it as a debit purchase, with your PIN? If so, the store wouldn't have taken any ID. In any case, you should contact your bank and see what can be done. Can the merchandise be returned?  

Answer 4

how come in your other answer you said that you are 16 and going to have a baby??? how could you be 16 with a son that can steel you debit card. . .

Answer 5

sure but then you wil be out not only the 1000 he stole, but the court costs, and the legal costs of yourself and the other side when you are laughed out of court.

Answer 6

Generally not, because if he knows your pin the store will respond  if he didn't know the pin you must have given it to him. You recourse is to file charges against him. That means disputing the charge with the bank and charging him

Answer 7

No,  you can sue your son or wack him on the head.

Answer 8

send the son of a iitch to prison

he stole your possesions so go and report to the polize

Answer 9

Coming from a bank background, let me tell you what you can or should do in this case.  The bank cannot get involved here, unless you're looking to file a police report and potentially arrest your son.  Since he is your ward, you cannot recoup the damages from him if he is a minor (and I'll assume he is since you are looking for other avenues to recover your funds).  Like the others have said, a debit card can be used as both a debit (pin-based purchase) or credit (signature).  I believe individual states have certain rules concerning credit card purchases.  You can always look for a free legal opinion concerning this matter.  Most of the times you can find a lawyer in the yellow pages that will give you a legal consultation concerning this.  If it was a debit transaction, you're going to have to bite the bullet and pay for the purchase.  

Is it possible for you to return the item(s) that were purchased to the point of sale?  

Answer 10

If your son had access to the pin number, most likely the bank and the store is going to say you’re liable because you gave the pin number to your son

Answer 11

The answer is no. But you can call the police and have charges brought up on your son and then call the bank and explain your bank card was stollen and you have charges that you did not authorize on them. Your son will then be made to do community service and be made to get a part time job to pay you off.

Why would it be the stores fault for allowing someone to use a card? If it's a debit card only, that means he knew the pin. Why did you allow your son to have the pin on your card? How can you then blame a store for allowing it one day and not allowing it another? Makes no sense.

Your son and you are at fault.  

Answer 12

So.... you sue the store to get the money back that your son used?  Ummm yeah.... no!

I could see if it was seriously stolen and it was used by someone you dont know.. .that wouldnt know your pin number.  But if it was your son.. im sure he knows how to use it as a debit and not credit.  And Im sure he knows your pin number... so he is to blame.  They do not card on debit purchases... thats the whole reason for the pin number.

Return the stuff and get your money back.  And do something about your son stealing... not the store letting him make a purchase.

Answer 13

Probably but I doubt you would win (else it would make an excellent scam wouldn't it?).

And the store can respond with criminal charges against your son and sue him for the $1000 which you, as guardian, would be responsible paying for.

Answer 14

This is not the store's fault. They owe you nothing.

If your son indeed stole the card that is theft, it is a crime. If prosecuted as a crime the store may be required to refund the money.

Stop looking for someone else to blame.

Answer 15

Real world and prsgmatic answer. If you try anything the store, bank or judge can all chose to have your son criminally charged.

You only have 3 choices............

-if it is a big chain and he said "credit" instead of "debit" you might give calling corporate a shot and making a big deal of it. They MIGHT then accept a return. But probably they will want to look into it and want proof from you..... IE police report. If he is super young you might be able to force it.

-pay the $1000 and be done with it

-file a police report yourself so you can submit that to the bank in order to absolved of the charges

With the third option if he has not done this before and you can convince the judge that you are suitablly pissed and not trying to blame this on others......... he would probably just get some kind of probation. Assuming he is a minor.

If over 18 that is a whole different ball of wax.  

Answer 16

You are typical of what is wrong with us.  Blame it on someone else and sue.  Discipline your son.  Ever think of that?