ID Theft Victims Have Tough Road Getting Money Back
http://www.msnbc.msn.com/id/4264051/
Quoting bottom portion of this article :
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Small claims court victory
Bank of America wasn't so generous with Watson, the man who took the financial institution to small claims court. But his story does have a happy ending.
In November, Watson pled his case before a judge in Santa Clara, Calif., saying PayPal should have notified him immediately upon discovering the fraud. Bank of America argued that it was the consumer's responsibiltiy to regularly check bank statements for errors, Watson said.
"I said, I really don't think that's fair. Sometimes details are buried within the bank records."
Watson, 44, said he had never before been inside a courtroom.
"It was kind of scary going up there in front of the judge," Watson said. "I didn't think I was going to win."
But on Jan. 7, he received notice that the judge had ruled in his favor. Soon after, he recieved checks from PayPal and Bank of America for about $2,500 each. He was still out about $500 -- small claims court cases are limited to $5,000 in Santa Clara, he said -- but after a year without the money, he was glad to have it back.
"I couldn't believe that I'd actually won," he said.
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