Someone used my debit card information to make a payment of $4000 to a Capital One credit account.

Will I have any recourse? What are my chances of a successful fraud case? I've already contacted my bank but since the payment is still pending they're unable to open an investigation on it yet. Contacted capital one as well, but they will not help at all. No capital one credit accounts registered under my name/ssn.

I also went to the police department today to open a police report, as I've heard that in the worst case, if my bank doesn't help me, it will be important documentation to have when I take further steps, like FDIC or CFPB complaint.

Anyone have experience with this? I'm just kind of stressed out since it's a lot of money to have stolen from me like that. I practice good security, and never fallen for scams. I imagine it was either skimmed or a photo was taken of my card by a restaurant employee.

Also, all of the people ive tried contacting at both my bank and capital one have been foreigners. I understand the need for it but its frustrating when there is clearly a language gap, it's hard for both of us to understand eachother. Is there a way to get connected to American/native english speaking agents?