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Internet fraud continues to be on the rise and is showing no signs of slowing down. This alarming trend makes it essential to remain vigilant. Unknown calls, phishing emails, and suspicious text messages are red flags that require our immediate attention. Recognising these unusual activities, especially those requesting personal information, is crucial for identifying potential scams.
Authors: Kelly Leung, Associate Solicitor
If you have been scammed, this article will explain the steps to take and how lawyers can assist
Being proactive, staying informed, and acting fast are some of your best defences!
1) Identifying Fraudulent Activities
Often, the first sign of being scammed is noticing unauthorised transactions on your credit card or bank account. Scammers may also impersonate authorised entities to trick you into transferring money or divulging personal information.
2) Report the Fraud to the Police and your Bank
As mentioned in one of our previous articles, once you realise that you have been scammed, it is important to act fast. Inform your bank and file a police report immediately. Time is of the essence: the sooner you report the fraud, the better your chances of recovering your money. Skilled scammers often transfer stolen funds quickly, complicating recovery efforts, making it more difficult to trace the money.
Read our previous article: Promising Development: Hong Kong Court Comes to the Rescue for victims of Internet Fraud
By reporting immediately, you enable the police to commence investigation to identify the fraudster(s), and eventually arrest them if they can locate them. If the police finds that your provided evidence shows fraudulent activity – such as clear impersonation or suspicious transactions – they can work with the subject bank to potentially halt further losses by freezing both your account and the fraudster's.
3) Consider Taking Legal Action
After notifying your bank and filing a police report, it is time to consult a lawyer about your next steps. The police may inquire whether you wish to pursue civil action. Before deciding, consider the following:
How much money was defrauded?
Where is the fraudster’s bank account located?
If significant funds were involved and the fraudster’s account is in Hong Kong, it would be sensible to hire local lawyers to discuss next steps and recover your losses.
4) Explore Civil Litigation
A lawyer in Hong Kong can coordinate closely with the police. Before initiating legal proceedings, the primary goal is to assess whether sufficient funds remain frozen in the fraudster's account to make recovery feasible and worthwhile.
For example, if you were defrauded of HK$1 million (~US$ 130,000) and only HK$10,000 (~US$ 1,300) remains frozen in the account, pursuing legal action may not be worth your time, money and energy. The goal should be to alleviate your financial burden, not to add to it with unnecessary legal fees.
Additionally, if other victims have filed police reports against the same fraudsters, the situation becomes more complex. Multiple legal actions against a single defendant can affect who gets priority in claiming the frozen funds.
5) For Civil Litigation, Gather Important Supporting Documents
If you decide to pursue civil action, lawyers will prepare the necessary court documents and gather all the evidence you have provided. Therefore, gather important supporting documents, such as:
Proof of payment or transaction records;
Screenshots of communications with the fraudster(s);
Documentation showing the bank account details for your transfer(s).
A default judgment is one common scenario. This means that the court will issue a ruling requiring the fraudster(s) to pay the specified amount along with interest. Lawyers will subsequently enforce such judgment and eventually obtain a court order to recover the funds from the frozen account via Garnishee proceedings.
6) Your Best Defences to Tackle Internet Fraud, Stay Alert
Always be extra careful to spot different tactics of scammers. Being proactive, staying informed, and acting fast are some of your best defences! By staying alert to suspicious activities, promptly reporting fraud, and consulting with legal experts, you can navigate the aftermath of a scam more effectively.
Disclaimer: Whilst every effort has been made to ensure the accuracy of this article it is general in nature and does not constitute legal advice of any kind. You should seek your own personal legal advice before taking legal action. We accept no liability whatsoever for loss arising out of the use or misuse of this article.
For specific advice about your situation, please contact:
Kelly Leung
Associate Solicitor
+852 2388 3899
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