what type of lawyer sues banks

by Torrance Ziemann 4 min read

First, if you are suing a bank, you do not want a criminal attorney and you probably do not want a foreclosure attorney. Instead, you want a commercial litigation attorney who has experience litigating against banks.

A consumer protection attorney can look at the facts of your case to determine if it's possible for you to sue your bank, or if it's worth entering arbitration to attempt to resolve the dispute. With that said, it may be possible to sue banks in small-claims court or through class-action lawsuits.May 8, 2020

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Are law firms publicly traded?

Feb 19, 2015 · First, if you are suing a bank, you do not want a criminal attorney and you probably do not want a foreclosure attorney. Instead, you want a commercial litigation attorney who has experience litigating against banks. Second, as Mark pointed out, before going down this path you have to be honest about resources.

Are lawyers fired from law firms?

Other than under the circumstances listed above, individuals usually may not sue a bank in civil court, unless a specific law permits it. However, under some circumstances, an individual may be able to sue a bank in small claims court. Small claims courts are specialized courts that hear claims involving limited monetary damages (damages of up to a certain amount only).

Can a law firm sue itself?

Our Lender Liability Lawyers Sue Banks for Many Types of Misconduct Typically, lender liability claims arise when a financial institution or fiduciary violates a duty of good faith or fair dealing to its customer – borrower or has assumed such a degree of control over the borrower that it assumes a fiduciary duty.

Do law firm mergers benefit clients?

What type of lawyer do I need to sue a bank for breach of contract. Asked on Nov 13th, 2013 on Breach of Contract - New York More details to this question: I cosigned for a car in 2011, the primary died in March 2013. I contacted the bank to transfer title etc into my name in April. The insurance expired in June, I cannot register the car ...

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Mar 22, 2018 · What type of lawyer do I need to sue ,bank of America for fraud? 2017 I paid a long lasting debt to Bank of America ,receiving a letter all debts are clear.Later 2017 I attempted to open a bank account and charges from 2014 are attached of banks and situations ,that I have never heard of and there is a conflict of account times.

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How to prevail in a bank discrimination lawsuit?

To prevail in such a lawsuit, you must prove the bank intentionally discriminated against you on account of your race, religion, gender, color, or national origin. Find the Right Finance Lawyer. Hire the right lawyer near your location. Find My Lawyer Now!

What to do if a bank violates your rights?

If you believe that a bank has violated your rights, you should consider contacting a bankruptcy lawyer near you. Before you contact the attorney, you should gather information about your claim that the attorney will ask you about. This information includes records pertaining to your claim, including financial documents.

What does GLBA require banks to tell customers?

The GLBA requires banks to tell customers about what kinds of information the banks collect, and what businesses the banks may provide the information to. If a bank intends to share your nonpublic personal information with another entity, the bank must give you the choice to ‘opt out” (say “no”) to that sharing.

What happens if a bank violates the GLBA?

If the FTC finds the bank has violated the GLBA, the FTC may impose monetary fines and prison time on banks and bank employees who are responsible for the violation. Under the GLBA, there is no private right of action; that is, individuals cannot file private lawsuits in civil court against a bank.

What is the Gramm-Leach-Bliley Act?

A federal law known as Gramm-Leach-Bliley Act ( GBLA) regulates how banks may handle consumer information. Under the GLBA, consumer banking customers have rights with respect to their nonpublic personal information (NPI). This information includes information consumers provide to banks to obtain a financial product or service, ...

What is a small claims court?

Small claims courts are specialized courts that hear claims involving limited monetary damages (damages of up to a certain amount only). Each state’s small claims court system has its own damages amount and filing procedures. Generally, to file a claim in small claims court, you must file a document known as a complaint.

What is required under TILA?

Under TILA, banks are required to provide consumers with accurate information about credit transactions. This means banks must provide accurate disclosures about the rate of interest, monthly payment, and other pertinent information about mortgage and credit loans.

What is lender liability?

Typically, lender liability claims arise when a financial institution or fiduciary violates a duty of good faith or fair dealing to its customer – borrower or has assumed such a degree of control over the borrower that it assumes a fiduciary duty.

Can law firms sue banks?

Most law firms are not competent to sue banks either due to inexperience (commercial loans, mortgage commitments, loan securitization issues, and CMBS problems are a complex and evolving field) or level of resources (banks put unlimited money into herds of lawyers who create more paper than the New York Times) available;

Do banks care about interest?

Banks and private lenders in these situations often DO NOT CARE ABOUT INTEREST. They care about WINDFALLS – usurious compounding fees and interest, plus, ideally for them – taking away a valuable asset – your company, your buildings, your money; at a fire sale price.

What is the Gibbs Law Group lawsuit?

Gibbs Law Group filed a class action lawsuit on behalf of customers of Providian Financial credit card services, alleging that Providian engaged in a variety of fraudulent business practices, including assessing unauthorized charges. The Court granted final approval to a $105 million cash settlement, one of the largest all-cash settlements reached on behalf of credit card holders for unfair marketing and billing practices.

What is a late fee?

Late fees – deliberately setting payment due dates on non-business days, causing the payment to be processed on a later day in order to collect late fees and excess interest. Double charging – charging customers twice for the sale transaction.

What are hidden fees?

Credit card companies and banks can use a variety of tactics to take advantage of their customers, including: Hidden fees – undisclosed or concealed fees for maintaining accounts, balance transfers, cash advances, and other financial transactions.

What happens if a bank believes you committed fraud?

If the bank believes that you committed fraud yourself, or that you were negligent, it’s important to understand that the burden of proof lies with them. If they want to hold you liable for the fraudulent charges, they must prove that you were either negligent or that you committed fraud.

How much is a debit card fraud victim responsible for?

Victims of debit card fraud are responsible for the following: None of the missing funds if the loss is reported immediately and the card has not been used, Up to $50 if you notify the bank within 48 hours of the fraud, Up to $500 if you notify the bank between 48 hours and 60 days of the fraud. All of the fraudulent charges if ...

How long does it take to get money back from a credit card?

Getting your money back after your credit card has been defrauded is a little more straightforward. Credit cards typically offer much more protection because they are highly regulated through the Fair Credit Billing Act. This Act limits your liability for fraudulent charges to just $50. If you report the fraud right away, typically within 30 days, most banks will even waive the $50 liability threshold.

What to do if you are being cheated on?

First, you should file a report with the police, and possibly even the FBI, depending on the amount of fraudulent charges you are left with. This will start the process of finding out who has your information and is using it fraudulently.

How long do you have to report a fraud to the bank?

All of the fraudulent charges if the bank isn’t notified for 60 days after the fraud. If the card hasn’t been used yet, you will likely not even know about the fraud to report it. However, as soon as you suspect something is amiss, you need to report it to the bank to recover as much of the money as possible.

What happens if you get stolen money off your debit card?

If the money was stolen off of your debit card by use of a skimming machine or another fraudulent act, you may be able to get some or all of your money back.

What is the first agency to file a complaint?

The first is the Consumer Financial Protection Bureau, while the second is the Federal Trade Commission. Before filing a complaint with either of these agencies, it’s best to speak to an attorney who has experience defending against debt and that can help you through the process.

What is bank fraud?

Bank fraud takes place when an offender knowingly defrauds or tries to defraud a financial institution, or schemes to get money, credit, an asset or other property that is owned by a financial institution under fraudulent pretenses. For example, you can be charged with bank fraud if you intentionally or unintentionally defraud a financial ...

How long can you be in jail for bank fraud?

If you are convicted of bank fraud in federal court, you could face up to 30 years imprisonment, a fine of up to $1 million or both. Bank fraud is a federal crime and is prosecuted as such. Other, similar crimes, such as check fraud, for example, may instead be tried in state courts and carry their own penalties.

What are the defenses against embezzlement?

The most common legal defenses used against federal bank fraud or embezzlement charges involve questioning whether the defendant knowingly made false statements with the intent to mislead the victim (s) of the crime and that the victim (s) also relied on this false information to incur a financial loss.

What is embezzlement law?

Embezzlement, in particular, involves an important statute under federal law that relates to the deceitful disclosure of assets for illegal conversion of funds. This frequently comes in the form of employee theft from financial institutions or the theft of money from a bank by one or more of the bank’s employees.

What is accounting fraud?

Accounting fraud occurs if you misrepresent your financial accounts or books, using either falsehoods or a fake identity to secure a loan you would otherwise not qualify for or get approved for. Often, bankruptcy is declared shortly thereafter, the funds from the loan long gone into other avenues.

What is a business lawyer?

Also known as corporate lawyers, business lawyers are legal eagles who cover a more full range of expertise in building, managing, maintaining, transferring and dissolving a business. Lawyers in this area of practice deal with the formation of the company, employment contracts, tax compliance, acquisitions, and mergers.

Who can consult with constitutional lawyers?

People with advocacies can consult constitutional lawyers if they think their rights have been violated. For instance, non-profit organizations like the American Civil Liberties Union (ACLU) and the National Association for the Advancement of Colored People (NAACP) employ constitutional lawyers to protect minorities involved in a legal process.

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

What do lawyers do?

Different types of lawyers specialize in different areas of law. Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations ...

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What is a real estate lawyer?

Real estate lawyers provide legal guidance for individuals or companies seeking to buy or sell a property. They work with their clients and the real estate agents to draft documents and ensure that the paperwork is legally binding. They may also negotiate for the buyer or seller, or represent a property owner during a foreclosure dispute.

What kind of lawyer handles reproductive rights?

But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law. For instance, if there’s a criminal investigation of child abuse or a domestic violence case, or if there’s a juvenile delinquency case, a family lawyer may also work with a criminal lawyer. 3. Estate Planning Lawyers.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

Do doctors make mistakes?

Doctors do occasionally make mistakes, and if you’re facing the consequences of a medical mistake such as a medical misdiagnosis or inaccurate treatment, a lawyer who specializes in medical malpractice issues can be particular helpful.

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