Can I sue my bank and get overdraft charges back over a garnishment that was not ours?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I sue my bank and get overdraft charges back over a garnishment that was not ours?
My husband had a garnishment put on his account for his mother, who was on his checking account while he was in Iraq. We went through the courts and got our money released after proving all the money was ours. We took the release to the bank and finally got our money released, however we had almost four hundred dollars in overdraft charges that were racked up because of this. We have had about ten different people in various departments of the bank tell us that if we got the issue resolved the charges would be refunded, now of course they are going back on that.
Asked on August 18, 2010 under Bankruptcy Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You may have grounds to sue your bank. They negligently (e.g. carelessless; in error) caused you to incur costs or losses. When someone, including a business, negligently causes you damage or losses, you can often sue them and recover your losses. Given the cost of an attorney, you should probably consider bringing an action in small claims court, where you don't need a lawyer; it's also generally more informal, less expensive, and quicker. Before doing that, you may wish to make the bank aware that you will sue them, if necessary; that may be motivate the bank to honor the agreement and refund the charges. You should also think about your "bottom line"--what is the lowest amount that, if offered, you would accept as a settlement and not sue. Since even small claims court takes time and has costs, if you can get most of what you want, you should consider taking it.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.