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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I have a question about taking legal action against my bank

Customer Question

I have a question about taking legal action against my bank
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

If you are having these kinds of problems, you may want to refer your bank (file a complaint) to the NY Dept. of Financial Services: http://www.dfs.ny.gov/consumer/fileacomplaint.htm

Customer: replied 1 year ago.
I have done that and also filed with Consumer Affairs. I should probably give you some more background. From 2005-2008 I owned a business. There was a default judgement in New Jersey put against that business for a debt owed. (There are a number of things wrong with this judgement and its collection activities in New York, but this is a separate matter which we may want to discuss at a later time.) My personal bank account was levied to collect on this judgement. According to the Exempt Income Protection Act of 2008, a consumer bank account cannot be levied below $1,710, )this number is ***** on a yearly basis). This has happened to my Bank of America account three times previously and I have sued them in small claims court twice for the three incidents. Each time I was awarded back the money seized plus the costs that were incurred. Since this has happened for a fourth time, it seems clear that Bank of America has a procedure they are not updating in the state of New York and are systematically violating the law. At this point, I feel it is warranted to consider this a form of harassment and a blatant disregard for the laws of New York which are certainly not limited to my case. I would like to advance my legal action this time to seek damages that would include this context rather than go through small claims again. Obviously there are more details here that I can provide but this is the major theme. Also, I should note that currently I am a Senior Vice President at Citibank however I would prefer to keep my personal matters separate from my professional life so I am pursuing legal resources outside my professional contacts. Thank you and I look forward to your response.
Expert:  CalAttorney2 replied 1 year ago.

You may want to look into a potential class action regarding this issue. Getting a class action together would allow you to pursue a larger scale claim than what you are currently, but also permit you to get an attorney involved (a class action requires a civil litigation firm that has experience and resources sufficient to be qualified to represent the class), and hopefully bring about a more complete resolution.

Short of that, you are going to be left in the repeated loop of going to small claims against the bank and asking for damages each time, and perhaps being awarded punitive or exemplary damages for willful conduct (but this is a very difficult bar to reach, even in these circumstances - judges of course vary widely in what they may deem "willful" conduct, but as far as a litigation strategy goes I would never bank on these types of damages).