whats the best lawyer to get when suing a bank?

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. I would definitely hire a litigation attorney that is knowledgeable in foreclosure and banking law.

Full Answer

Can a lawyer sue a bank?

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;

How can I sue a bank for discrimination?

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 My Lawyer Now!

How do I file a bankruptcy lawsuit against a bank?

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.

Can I sue the Bank for a slip and fall?

For example, you may want to sue the bank because you slipped and fell in the lobby. In that case, you would be looking for the personal injury statute of limitations, which is usually much shorter than the statute of limitations for written contracts (sometimes a year or less).

For what reasons can you sue a bank?

If you think a bank has been unfair or deceptive in its dealings with you, or has violated a law or regulation, you have the right to file a complaint. The Federal Reserve is particularly concerned that state member banks comply with federal laws and regulations that prohibit discrimination in lending.

Can you sue a bank for stress?

Usually you can sue only for monetary damages, but in some cases you can be awarded damages for emotional distress and inconvenience as well.

Can you sue a bank for holding your money?

Unfortunately, banks are a business and are sometimes more interested in holding onto their own profits than doing what's right for their customers. So, if you've been a victim of fraud and the bank does not cooperate, can you sue them? In most cases, the answer is, sadly, no.

What is bank negligence?

Malpractice in banking occurs when a professional within banking, for instance, is negligent in their work, and, in turn, bring some form of harm to their client's assets.

What does a banking lawyer do?

A financial services lawyer is a lawyer who practices within the financial industry. This includes areas like retail and investment banking, derivatives, capital markets, structured finance, funds, asset management, insurance, stock brokerages and any other business that deals with the management of money.

Where do I report a bank for unfair practices?

The Federal Reserve urges you to 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. You can file a complaint online through the Federal Reserve's Consumer Complaint Form.

Has anyone ever sued a bank?

In 2017, a proposed rule from the Consumer Financial Protection Bureau that protects banking consumers was denied. Consumers currently cannot sue banks and are forced to settle for out-of-court arbitration. However, there are instances where you can sue banks in small claims courts.

How long can a bank legally hold your money?

The Federal Reserve requires that a bank hold most checks before crediting the customer's account for no longer than a “reasonable period of time,” which is regarded as two business days for a same-bank check and up to six business days for one drawn on a different bank.

Who is responsible for bank frauds?

Through its regulatory oversight of national banks, the OCC works to implement legislation designed to detect, identify, and prevent financial crimes and fraud.

What are the 4 types of negligence?

Different Types of Negligence. While seemingly straightforward, the concept of negligence itself can also be broken down into four types of negligence: gross negligence, comparative negligence, contributory negligence, and vicarious negligence or vicarious liability.

How do you file a complaint against a bank?

One can file a complaint with the Banking Ombudsman simply by writing on a plain paper. One can also file it online at (“click here to lodge a complaint”) or by sending an email to the Banking Ombudsman. There is a form along with details of the scheme in our website.

Does a bank owe a duty of care to its customers?

Although banks are obligated to act with reasonable care in handling its depositors' transactions, the contract upon which the bank/depositor relationship is based does not include any implied duties to supervise the customer's account activity or make any inquiry into the purpose for which the depositor's funds are ...

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.

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 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 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 consumer banking?

Consumer banking, also known as personal banking, provides financial services to people as individuals, not as business owners. Examples of consumer banking services include credit card services, checking accounts, and savings accounts. Consumer banks also provide mortgage loans, personal loans, and certificates of deposit (CODs).

Can you sue a bank for false credit report?

Under the FCRA, you may be able to sue a bank for refusing to remove false information the bank has placed on your credit report.

Why do banks sue?

Suing a Bank for Negligence. Negligence or professional malpractice is one of the many reasons to go after a bank. This may come in the form of a banking institution selling you a product that resulted in you going bankrupt. When this happens, you may not have the funds to hire a lawyer and pay exorbitant fees.

How to get money back from a debit card?

Depending on your situation, you can get your money back after a fraudulent charge. If you were scammed via your debit card, you may get some or all of the money back depending on how fast you report the incident, as follows: 1 If you report your lost card or fraud immediately and the card has not been used yet, you will receive all of your money back 2 If the loss is reported within 48 hours, you may be responsible for up to $50 3 If the loss is reported within 48 hours to 60 days, you may be responsible for up to $500 4 If the loss is reported after 60 days, you may be responsible for all fraudulent payments

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

If the loss is reported within 48 hours to 60 days, you may be responsible for up to $500. If the loss is reported after 60 days, you may be responsible for all fraudulent payments. Victims of credit card scams have a more straightforward way of getting your money back.

How much money back can I get if I lost my credit card?

If the loss is reported within 48 hours, you may be responsible for up to $50. If the loss is reported within 48 hours to 60 days, you may be responsible for up to $500.

What is the Truth in Lending Act?

Truth in Lending Act (TILA) – banks are required to provide accurate information on the rate of interest, monthly payment, and others that relate to mortgage and credit loans. Fair Debt Collection Practices Act (FDCPA) – banks are prohibited from using harassing tactics or using false information to collect a valid debt.

Can I sue a bank for a breach of consumer protection?

But if you believe your bank has violated any of your consumer protection rights , then you can proceed to sue. Some relevant laws are as follows:

Do banks have mandatory arbitration clauses?

Financial institutions have a way to protect themselves from being sued by putting mandatory arbitration agreements in the contract. Nonetheless, some banks do not have mandatory arbitration clauses, and others allow consumers to opt-out of it. Refer to this table below: Banks. Mandatory Arbitration Clauses.

1 attorney answer

Sorry to hear of your problems in the banking industry. It is not appropriate for us to recommend, in here, specific legal counsel to address your issue (s). However, you should be sure to click on to the "Find a lawyer" button above and search , for instance, for instance for attorneys with a specialty in consumer protection and/or banking.

Eric Warren Sleeper

Sorry to hear of your problems in the banking industry. It is not appropriate for us to recommend, in here, specific legal counsel to address your issue (s). However, you should be sure to click on to the "Find a lawyer" button above and search , for instance, for instance for attorneys with a specialty in consumer protection and/or banking.

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.

How long can you sue a bank?

If your dispute is too old, you won't be able to sue the bank. Since most bank disputes involve written contracts, look for the statute of limitations for written contracts. It's typically 4 or 5 years.

How to file a complaint against a bank?

When you file a complaint with any government agency, you must provide information about yourself and the bank, as well as documents related to the dispute. Make copies of all documents rather than sending originals.

How long does it take to file a complaint with the Federal Reserve?

The Federal Reserve will investigate any complaint you file and send you a letter detailing the findings of the investigation, typically within 30 to 60 days.

What is a demand letter for a small claims lawsuit?

A demand letter is a formal business letter that sets forth the facts of your dispute and what you want the bank to do to resolve the situation. Make a copy of your signed letter before you send it.

What happens if you don't follow the service of process rules?

Have the bank served. Service of process is required by court rules to notify the bank of your lawsuit. If you don't follow these rules, your claim may be dismissed. Typically, you'll hire a sheriff's deputy to deliver the claim forms to the bank.

What to do if you can't afford to pay the fee?

If you can't afford to pay the fee, ask the clerk if it's possible to get a waiver. The clerk may allow you to choose a hearing date. If you choose your own hearing date, allow enough time to get a copy of the claim forms to the bank before the hearing.

Can you sue a bank for a slipped and fell?

For example, you may want to sue the bank because you slipped and fell in the lobby. In that case, you would be looking for the personal injury statute of limitations, which is usually much shorter than the statute of limitations for written contracts (sometimes a year or less).

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 do PIABA lawyers sue?

I've been watching them over decades, and they’re pretty good. PIABA lawyers also sue mutual funds, hedge funds, and investment advisers. These may end up in court or arbitration, depending on the contracts you signed.

What to do if your lawyer doesn't warn you?

If your lawyer candidate doesn’t warn you on how suing can backfire, run. If they claim they are the best around, they aren't. If their goal is extorting a pre-trial settlement go elsewhere and find a lawyer who is willing, if needed, to go all the way to a final judgment. Good ones will. Finally, never lie.

What is the first chair of trial law?

You want what is called a good “first chair” trial lawyer. In TV court dramas where three lawyers sit together, the first chair is the one speaking to the judge. The others, support and prep litigators, whisper in the first chair’s ear.

Can I use an attorney in Nebraska?

Several states like California, Michigan and Nebraska won’t let you use an attorney. Rules vary by state. If you’re alone and your opponent has a good attorney, you’re at a huge disadvantage. Sadly, any lawyer can go to court.

Types of Bank Fraud

Credit card companies and banks can use a variety of tactics to take advantage of their customers, including:

Our Featured Bank Fraud Lawsuits

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.

Report Bank Fraud to our Consumer Attorneys

Speak with our consumer attorneys by filling out the form to the right.

What to do if you have lost money in a bank?

To start off with, if you have just lost a significant amount of money or even gone bankrupt as a result of a banking deal, the last thing you want to do is hire an expensive lawyer that you have to pay by the hour – especially as banking litigation court cases can become drawn out affairs which lead to exorbitant legal fees. ...

What happens if you use a third party funder?

If you make use of a third party funder you can avoid the financial risks related to your lawsuit. The funder will pay for everything related to the court case, in return for a percentage of the damages if your case is successful. However, should your case fail, the funder bears all the costs and you pay nothing.