The theft of access credentials to bank accounts, and the appropriation of the identity of others for the opening of bank accounts or payment cards, with the intention of illegitimately appropriating the savings in the account, is becoming increasingly common.

In such cases, it is necessary to undertake a rapid recourse to the court in order to obtain emergency judicial measure that may be useful to limit any further damage resulting from the unlawful conduct.

It is also necessary to ascertain the liability of the bank or other financial institution, if it has facilitated the abusive access to one’s bank account, since, in most cases, it is the only solvent party to whom one can turn in the event of misappropriation of funds.

It is therefore necessary to consider whether or not any responsibility can be attributed to the bank, and this requires a careful study of the case.