If a bank has made a mistake and put a state lien on my account, are they legally liable for the ATM fees, inconvenience, and embaressment this has caused?

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If a bank has made a mistake and put a state lien on my account, are they legally liable for the ATM fees, inconvenience, and embaressment this has caused?

My insurance company ended up going after the plaintiff from a bogus car accident claim I was involved in about 10 years ago. The case was apparently sent to a lawayer who specializes in collections when she did not pay. The plaintiff and I bank at the same institution, and when the case was sent to the bank, they made a mistake and put a lien on my account instead of hers. I have been repeatedly embarresed when my card is declined for no reason, inconvenienced by having to always go pull out cash, and not given straight answers by the bank.

Asked on April 27, 2012 under Business Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to file a consumer complaint with the agency who regulates this bank and also consider filing suit. Get all of your documents together, including bank statements, who you have had to explain all of this to, proof the plaintiff in the former lawsuit should have had the lien and not you and have an experienced attorney well-versed in banking litigation for consumer clients file suit for you. The suit should prove strong enough to have the bank come to its senses and offer restitution, fixing of your credit reports and anything else you can think of or your lawyer can think of that would be reasonable and make you whole.


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