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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101755
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can I sue my financial banking facility if I can prove or

Customer Question

Can I sue my financial banking facility if I can prove or have proven that my account was being manipulated and pilfered?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Yes, of course. If money is being taken out of one's account without permission by the bank and without good reason, then the bank may be sued.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

Herein, the bank is then liable under a variety of state and federal actions.

Also, a complaint may be filed with the California Department of Business Oversight.

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