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My story:I went to BOA and deposited 1300 dollars on saturday at 11:55am. I got receipt that 1300 $ were deposited on that date and on particular time. On monday, I checked my account but I didn't see my 1300$ in my account. I called customer support and that guy spoked to me very rudely. He was saying to me that Did you called me for help or to argue with me? This is really disgusting. I didn't called them for help I called them for the blunder they did. How can he say "help"? Again, i went to BOA on Tuesday and i told the story that i don't see my money in my checking account. Manager asked for the receipt, account number and my SSN. I gave them to her. Another thing was, It was really lucky to kept that receipt with me on that day I used throw them all the time in trash bin. She came to know that "Teller" had deposited my money into some others account. Is this not a blunder?They immediately deposited my money into my account. But,I want to sue them for this mistake? Can I do that?

2007-06-26 12:50:04 · 11 answers · asked by Ultimate 1 in Business & Finance Other - Business & Finance

11 answers

The first thing you will have to prove in court would be your damages. You have your money back. You have no damages. Can you sue? YES. Would you win? NOPE

(kinda funny, but I have some STUPID fool suing me for $5000 because as a car dealer I sold her a car and her window sticker (registration) was lost in the mail.) She could have gotten a duplicate for $6.30. Oh well, it takes all kinds.....but BOA will laugh at you if you try it.

2007-06-26 12:53:54 · answer #1 · answered by carguy 2 · 1 0

You can sue anybody for anything, but you can only get awarded damages.

For example, if you incurred bounced check charges or late fees because the money wasn't in your account then you can win those damages back.

If you can prove that the bank willfully deposited the money in the wrong account with the express intent to cause you harm then you can win punitive damages, but that's a tough thing to prove.

Try to get any charges you incurred refunded by the manager and consider yourself lucky. BOA has teams of lawyers on the payroll and you're likely to spend many times what you lost suing them.

2007-06-26 12:55:43 · answer #2 · answered by wld_jkr 4 · 1 0

As one said earlier, you can sue anybody, anything at most anytime.
Seems like another frivolous lawsuit that would just upset any standing Judge.
They , BOA, would pull there PAs that are on retainer and whittle you down on general principles and legaleses.
Withdraw the monies, prolly a fee for early closure, maybe waived due to circumstances. Take your cash, put in a bank that has a good rep, read the fine print, and wear sunscreen

2007-06-26 13:09:33 · answer #3 · answered by Anonymous · 0 0

You're better off just cutting your losses and switching banks. BOA is really awful. They lied to me when I asked about the proximity of their branch in the city I'm attending college in to campus, they applied a charge to my account that should not have been applied because I have student checking, and then I had to argue with them for nearly an hour to get it fixed and the charges taken out were never returned to me, and once I had three other people's statements mailed to me along with my own. How would you like it if your statement got mailed to someone random on the bank's customer list? I switched to HSBC and it's been smooth sailing ever since.

2007-06-26 12:59:39 · answer #4 · answered by Cat Loves Her Sabres 6 · 0 0

Yeah sure, go ahead and sue. Do you think it is worth 54 million dollars, like that dry cleaner who lost the customer's pants? C'mon man, it was a mistake. Granted, when a bank makes a mistake, it can turn out to be pretty substantial, stop being sue happy. You got your money, didn't you? So stop whining about.

2007-06-27 00:34:23 · answer #5 · answered by Anonymous · 0 0

If I were you, I would find out all the other people who have had problems and get them in one big lawsuit. I have heard so many horror stories about Bank of America! There must be thousands of people who have experienced this same thing. Unfortunately, going it alone would probably just cost you more money than you're willing to spend for the outcome. God Bless:)

2007-06-26 12:57:00 · answer #6 · answered by mandie 4 · 0 0

You can't do anything. Yes, it’s a blunder, but it happens. That's why they give you the receipts. You lucky you didn't throw it away or you would have been throwing away $1300 literally.

2007-06-26 12:58:08 · answer #7 · answered by Simba 7 · 0 0

i wouldn't bother. you got your money back and it seems to me you weren't put into financial distress (checks bouncing, collections, eviction notice, etc.) I would cancel the account and walk away. that's what i did when they did the same thing to me. i had the ATM receipt and a copy of the cashed check from my employer but they told me they had 30 days to rectify the problem. of course they waited until the last day and in the meantime i was sent to collections, i was served an eviction notice, i had a multitude of bounced checks as well as the bounced checking fees that kept accruning from repeatedly being redeposited into my account. BofA SUCKS! i closed my account and left those aholes! thanks for the vent session :)

2007-06-26 12:55:19 · answer #8 · answered by colormehappy 5 · 1 0

Sure you can sue, but I guarantee that no lawyer worth his salt would even consider representing you. If you DO find an attorney who will file suit, the judge will toss it out of court.
Why ? Because you suffered no harm. The error was corrected. On what grounds would you win a lawsuit ?

2007-06-26 12:53:25 · answer #9 · answered by acermill 7 · 2 0

You just want to sue them because your mad at them for their mistake. They fixed it and no harm was done what more do you want. Switch banks if you don't like them.

2007-06-26 12:58:02 · answer #10 · answered by melfred_20 4 · 0 0

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