How do I go about suing a bank?

Question

the reason is they are putting overdrafts that did not make any sense. I have two overdrafts and they are charging me for four! once for when I overdraft and once for when it is posted to my account... I have researched this and it is not right. so what do I do now?

ok . They are charging me $99.00 for a $12.95 overdraft... and dont forget the $24.00 a day fees.

And the bank REFUSES to listen to me or work with me.

They treat me like I dont know how to add or subtract even though I am a college grad! Fifth Third bank by the way...

I have talked with everyone who will talk to me and even attempeted to talk with those who won 't. I feel my last choice is a lawsuit

Answer 1

There are many ways to go about this without suing.

Bring all your contested statements and ask the manager of the bank to try and explain them to you. Keep your mouth shut and listen to what he tells you. If you are not that versed in banking, you may bring your accountant to join you. He can later explain if you are right.

Ask a media practitioner who champions little people against big corporations to assit you in your quest for answers. I assure you a media person with a camera does wonders. The bank will not allow negative publicity as this will cost more than returning your money.

Pay for overdraft protection. Saves you the aggravation and penalty charges OR change banks.**

Answer 2

Before you get to suing try taking the statements to the bank and sit down with someone who will go over it step by step and explain the details. As they explain ask your questions so that you understand what they are saying. If you think that either it was not explained well or it is the wrong explanation of what you think happened ask for a manager or the person running the branch. I had done this a couple of times and there are other things that take place once an overdraft fee is applied, such as any automatic payments you may have set up or a withdrawal at or near the same day. Most banks have people that will help and if a mistake help to correct it.

Answer 3

Well, it sounds like some of the others who answered this have done fantastic, so I'll just add to what they wrote.

Please understand that the information that I'm providing is based solely upon what you've noted. I don't know the background behind your past discussions with the bank, what you said, what they said, or the emotions/attitudes/inflections involved. This can all make a big difference in how you proceed next.

First off, no matter what has gone on before, I recommend talking with the manager of the bank. Politely ask to speak with him/her at their earliest convenience so that you can discuss some account concerns.

When you meet with them, calmly show them the paperwork that you have and ask them to clarify or assist. Be humble and ignorant. You can do this by saying something like, "I'm very sorry, I just don't always understand some of these banking terms. Can you please explain..." and then go on with your specific questions. Do not interrupt them, but ask questions or make polite comments when an opportunity presents itself.

It's possible that they are in the right and this is just an error in communication or judgment. If so, the polite approach might allow you to request a one time courtesy credit now that you are aware of how the rules work. If not, it will allow them the opportunity to back down a little and assist you without feeling threatened.

If you find that the error is somehow on their end and they are unwilling to see this or assist you...or if you find that the error was on your end and you were polite but they still declined to assist, then you can go even higher.

At that point, find the national head of the bank, the owner, or the person in charge of the entire chain, and speak with them on the matter. Perhaps a nice letter to them, or even a phone call, could convince them of the importance of your concern.

Please be aware that this is sort of like a 'get out of jail free' card from the monopoly game in that it's typically a one time use favor. Depending on your attitude with them and your record with the bank, they may assist just to be nice and because it's easier.

Worse case scenario, and in my opinion a last resort, would be the lawyer. If you've exhausted all other options, then that might be when you consider a lawyer in the matter. Find one that will consult with you freely or cheap so that you can get an idea of what lies in store for you. Depending on the amount of money involved and the effort, the lawyer can give you an idea of your chances and whether it's worth it to go forward.

I hope that this helps and I really hope that you are able to find resolution in one of the earlier steps.

Love as always,

Dan

Answer 4

Edit for Additional Details:

Okay then you can either chalk it up to a learning experience and make sure you don't have anymore overdrafts or you can call their home office and make a big fuss and go through even more of a hassle.

I bet a million dollars that if you pulled out the forms from opening your original account the fine print would mention those fees. Again, it's a learning experience.

Read the fine print, don't make anymore mistakes, find another bank if these people were rude, and save all your paperwork.

Then by all means, you start calling around and see if an attorney will take your case. (another learning experience which you seem intent on) Then try taking a BANK to small claims court. Good luck with that. lol

Answer 5

Complain to the bank...maybe its a mistake....if not get an attorney and proceed from there...you can also file by yourself in small claims court...but if the overdraft fees don't equal the minnimum amount your case won't be heard.

Answer 6

have u ever talk to any head manager of the bank. perhap you have to take it easy and talk to them calmly and nicely.. and then make sure you bring all the documents or copy that you are talking about. if they didnt do anything. consult a lawyer and then tell what happen and take it from there. ask them why it happened >>>>the bank

Answer 7

Go to your bank and tell them you want to talk to the branch manager about a problem you found on your account.