21.10.2026 11:40
Court of Cassation rulings have become a hot topic for those who take money forgotten by someone else at an ATM and those who use a bank card without authorization. According to the high court, taking forgotten money can constitute the crime of theft, while customers who leave their card in the ATM and notify the bank late can also be held responsible for the resulting damage. In losses caused by technical malfunctions and card copying, banks may be liable for compensation.
The grievances experienced due to money and bank cards left behind at ATMs, card skimming incidents, and technical malfunctions are back on the agenda. According to Court of Cassation decisions, taking money left behind by someone else at an ATM can constitute a crime. However, customers who lose their card or leave it at an ATM and notify the bank late may be held responsible for financial losses. Banks also have liability in technical malfunctions and card skimming incidents.
ATTENTION TO THOSE WHO TAKE MONEY LEFT AT THE ATM!
According to the decisions of the Court of Cassation Criminal Chambers, taking money left in an ATM's cash dispenser or using a bank card left in the device without authorization can constitute a crime.
The high court does not consider money left at an ATM as abandoned property. It is emphasized that ownership of the money belongs to its rightful owner and that the bank has an obligation to protect these assets.
Therefore, legal action can be taken against persons who take money forgotten by someone else or carry out unauthorized transactions on an ATM screen left open, on charges of theft or misuse of bank and credit cards, depending on the nature of the incident.
THOSE WHO FORGET THEIR CARD AND DO NOT NOTIFY THE BANK MAY BE LIABLE FOR THE LOSS
Customers who forget their card at an ATM or whose card is retained by the device also have certain obligations.
In Court of Cassation decisions, a customer's failure to notify the bank in time despite realizing that they lost their card or left it at an ATM is taken into account in the assessment of fault.
If, after the card is left behind, third parties withdraw money from the account or carry out unauthorized transactions, the customer's delay in notifying the bank may increase their liability.
In such cases, if the account holder is found to be grossly negligent, it may not be possible for them to recover the entire loss from the bank.
IF AN ATM MALFUNCTIONS, WHO WILL COVER THE LOSS?
In the decisions of the 11th Civil Chamber of the Court of Cassation, it is stated that banks have a duty of care to ensure security in ATM transactions and the smooth operation of technical systems. If an ATM debits money from the account but does not dispense it to the customer, retains deposited money, or causes financial loss due to a system failure, the bank's liability comes into question.
In cases where the customer has no intentional or grossly negligent conduct and the bank's liability is established, the loss arising from the technical malfunction must be covered by the bank.
THE BANK ALSO HAS LIABILITY IN CARD SKIMMING INCIDENTS
Unauthorized withdrawals from customers' accounts due to card skimming devices placed on ATMs also cause legal disputes. Banks are obliged to take the necessary security measures to protect their customers' accounts and card information.
In transactions carried out through card skimming, the customer's fault and whether the bank fulfilled its security obligations are examined. In cases where the bank is found liable, compensation for the customer's financial loss may be possible.
CAMERA FOOTAGE AND ATM RECORDS ARE DECISIVE
Camera footage and electronic transaction records are of great importance in disputes arising from ATM transactions.
The time the money was withdrawn, whether the ATM dispensed the money, whether the card remained in the device, and who carried out the transaction are investigated through these records.
Courts examine camera footage and digital transaction records to evaluate how the incident occurred and the parties' degree of fault.
WHY DO ATMS SWALLOW CARDS?
Security measures or technical problems may lie behind ATMs retaining bank cards. Entering the card PIN incorrectly several times in a row, failure to take the card in time after the transaction is completed, a lost or stolen card report being made, and the card's expiration can cause the device to retain the card.
In addition, card reader malfunctions, power outages, software problems, and foreign devices installed for fraud purposes can also cause the card to get stuck in the ATM.
IF YOUR CARD REMAINS IN THE ATM, DO THESE
Experts point out that if an ATM retains the card, customers should contact their bank without delay. Blocking the card for use through mobile banking or customer services is important for preventing unauthorized transactions.
In addition, recording the location of the ATM, the time of the transaction, and the problem experienced can help the customer protect their rights in a possible legal dispute. Recording the notification made to the bank is also important for determining liability in financial losses that may arise later.