What kind of lawyer do I need to sue a bank?

Asked by: Jarrett Muller  |  Last update: March 30, 2025
Score: 5/5 (5 votes)

As soon as you are able, you need to contact a bank negligence lawyer. A lawyer can help you determine the best course of legal action, including whether you should pursue litigation against the bank.

What are the reasons you can sue a bank?

Examples of Banking Disputes
  • Commercial lending disputes.
  • Failure by the bank to abide by contractual obligations.
  • Disputes over property repossession or foreclosures by the bank.
  • Disputes concerning the amount of money that should be in a particular account.
  • Disputes over bank fees.

What type of attorney sues banks?

A: To pursue legal action against a bank for causing financial injury, you should consider hiring an attorney with expertise in banking and financial services law, including securities law. Look for a lawyer who has experience in handling cases involving bank errors, unauthorized transactions, and financial disputes.

Can I file a lawsuit against a bank?

Depending on the facts of your case, you may be able to sue your bank in small claims court. You may also be able to join a class-action lawsuit against a particular financial services company.

Can I sue a bank for not returning my money?

If the legal department does not respond, you can sue the bank in court (in the county where your bank branch is located). Depending on how much was in your account, you will need to sue in small claim court or in the trial court in your county against the bank under your deposit agreement for your account.

HOW TO SUE A COMPANY OR AN INDIVIDUAL? Watch this before you file a lawsuit.⚖️

18 related questions found

Can you win a lawsuit against a bank?

When a bank provides a substandard service, it can be held liable for damages in some cases. For example, if a third-party accesses your account and transfers your money out and the bank refuses to refund you for those assets, you may have a valid claim.

What to do if a bank refuses to refund you?

What should you do if a bank refuses to issue a refund?
  1. Start an appeal process. Issuers usually allow you to appeal their decision within a certain amount of time. ...
  2. File a police report about the fraudulent transaction. ...
  3. File a complaint against your bank. ...
  4. File a complaint with government agencies.

Who holds banks accountable?

The Office of the Comptroller of the Currency (OCC) is an independent bureau of the U.S. Department of the Treasury. The OCC charters, regulates, and supervises all national banks, federal savings associations, and federal branches and agencies of foreign banks.

Is it worth going to small claims court for $500?

Conclusion: Going to small claims court may be worth it for $500, but it will determine how you weigh your costs versus benefits. At a minimum, it is worth it to send a demand letter.

Can banks give you compensation?

The Financial Conduct Authority (FCA) Dispute Resolution RulesLink to the FCA handbook say we can make an award of an amount we consider fair compensation for any or all of the following types of award: money awards. awards for distress and inconvenience. interest awards.

What happens when a bank sues you?

If the court rules against you and orders you to pay the debt, the debt collector may be able to garnish — or take money from — your wages or bank account, or put a lien on your property, like your home.

Do lawyers work for banks?

You may analyze a bank's operation and assess its compliance with federal and state regulations. You could also perform research and organize a defense for litigation. You can either work as an in-house banking attorney at a bank or as a member of a law firm.

Can you sue a bank for inconvenience?

You can sue for money damages, if you can prove liability, but you cannot sue for inconvenience.

Why would you file a complaint against a bank?

You may file a complaint if you think a bank has been unfair or misleading, discriminated against you in lending, or violated a federal consumer protection law or regulation.

What legal action can a bank take against you?

You may lose the ability to dispute the debt, if you believe you don't owe it or that the amount is wrong, and depending on your situation and your state's laws, the creditor may be able to: Garnish your wages. Place a lien against your property. Move to freeze funds in your bank account.

Is it illegal for a bank to withhold your money?

A federal law, the Expedited Funds Availability Act (EFA), or Regulation CC, provides exceptions that allow banks to delay or "hold" funds deposited by check for an extended period of time. When this happens, you must be given a notice stating the reason for the hold and when your funds are available for withdrawal.

What happens if I sue someone and lose?

If you lose, you could be required to pay all court costs and fees, including those of the other parties. Some states, like Nevada, are "loser pays" states, meaning the loser in a lawsuit pays all court costs. If you lose a personal injury claim, you will be out of pocket for your medical expenses and other costs.

Do people win in small claims court?

In fact, many small claims cases are won simply because the other side didn't show up to court. The result of a successful small claims case is a judgment—a court order requiring the other party to pay you.

Is it better to have an attorney?

Not hiring an attorney can actually cost you more.

Think about what's at stake in the situation. Hefty fines, loss of a job, jail time? There may be more at stake if you lose without the assistance of an attorney. Courts will treat you as if you have a knowledge of the law upon representing yourself.

How to file a complaint against a bank with the FDIC?

Online: By completing a web form at https://ask.fdic.gov. By telephone for General Inquiries Only: At 877-275-3342 Monday through Friday from 7:00 am to 5:00 pm CT.

What department oversees banks?

The OCC charters, regulates, and supervises all national banks and federal savings associations as well as federal branches and agencies of foreign banks.

How do I find out who regulates my bank?

To find out if your bank is regulated by the OCC, visit the Who Regulates My Bank? page on this website. If you are unable to determine who regulates your bank, call the OCC Customer Assistance Group at (800) 613-6743 to find out which agency regulates it.

Does filing a complaint with the CFPB do anything?

Consistent with applicable law, we securely share complaints with other state and federal agencies to, among other things, facilitate: supervision activities, enforcement activities, and. monitor the market for consumer financial products and services.

What to do if a bank won't give you your money?

File banking and credit complaints with the Consumer Financial Protection Bureau. If contacting your bank directly does not help, visit the Consumer Financial Protection Bureau (CFPB) complaint page to: See which specific banking and credit services and products you can complain about through the CFPB.

Can you sue a bank for not refunding your money?

You Have A Right UNDER EFTA (Electronic fund transfers act) To Sue Any Bank That Unlawfully Keeps Your Money, Or Who Fails to Follow Your Instructions For Disbursing It. Banks owe you a duty to only give out funds that you authorize, and to only give out funds in the manner that you instruct them.