One unauthorized debit from the account is not only annoying, but can also have serious legal consequences. If fraudsters withdraw money from your account without authorization, it is a Offensewhich fall under the offence of Fraud pursuant to Section 263 of the German Criminal Code. In such cases, it is important to act quickly and know your rights.
Fraud as a criminal offense
Fraud is a Offensewhich occurs when someone deceives a person into making a financial transaction that results in financial loss. In the context of an unauthorized debit, this means that someone has used your account details without authorization to enrich themselves – at your expense. This is a criminal offense under German law and can result in a Imprisonment of up to five years or a Fine be punished.
What should you do?
If you have a unauthorized debit from your account, you should act immediately:
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Inform bank: Contact your Bank and report the unauthorized debit. Your bank will review the transaction and, if confirmed as unauthorized, will usually refund the amount.
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Change access data: Change your Online banking access data and other relevant passwords to prevent further misuse.
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File a criminal complaint: Refund Criminal complaint at the police. Since it is a Offense the authorities will begin investigations to identify the perpetrator.
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Recovery of losses: Write a letter to your bank requesting a refund of the amounts debited without authorization. Here is an example:
Subject: Reclaiming illegally debited amounts – sample letter to the bank.
Ladies and Gentlemen
I hereby request you to pay the amount of [Betrag] EURwhich is [Datum der Abbuchung] illegally from my account [Kontonummer] was debited to my account immediately. This debit was made without my approval and is therefore to be regarded as unlawful.
According to § 675w German Civil Code It is your responsibility to prove that the Transactions properly and with my approval Since this proof has not yet been provided, I request that you pay the debited amount by [Frist setzen, z.B. 14 Tage ab dem Datum des Schreibens] to my account.
If the refund is not made on time, I will be forced to take legal action.
Best regards,
[Ihr Name]
Legal advice
In cases of unauthorized debits it is also advisable to seek legal advice. A Attorney can help you protect your rights and ensure that you get back the wrongfully debited amount. He can also support you in further legal action against the perpetrators.
Remember: Fraud is a Offenseand it is important that you fight back to protect yourself from financial harm.
