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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 am set to file a state & federal suit against Citibank

Customer Question

I am set to file a state & federal suit against Citibank for fraud (larceny theft/embezzlement, coercion & antitrust violatons,) although I believe a few more charges could be added. I also want to instruct my state AG to issue an arrest warrant for the bank employees whom have accessed my account. I read last night, that the money in my account is NOT my money (true/false?) So, before I go through this, I want to be sure that I cover every single angle so this will be successful. I wish to hire, by contract, an attorney as CO-Counsel, so that I will not be left out of the process.
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn of this situation.

You can sue the bank for breach of contract (you can add additional causes of action for fraud, etc. but your primary cause of action is breach of contract (the contract is your account holder's agreement with the bank)).

In most cases, this claim is going to fall within the small claims jurisdiction for your state (in CT, you have a claims limit of up to $5,000.00 in dispute). You can file a small claims case quickly and easily without requiring an attorney, see this link for assistance: http://www.jud.ct.gov/faq/smallclaims.html

You can report a problem with your bank to the CT Department of Banking (http://www.ct.gov/dob/site/default.asp), they handle administrative investigation and penalties for banks that violate state banking laws. (The state AG will not issue an arrest warrant for this matter, and state AGs do not issue arrest warrants at the instruction of individual citizen requests, they investigate business wrongdoing for potential administrative and/or criminal prosecution, but in your case, the Dept. of Banking is the more specific agency to do this for you).

If you want to try working with a local attorney, you can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly). However, this type of case generally will not generate sufficient recovery to warrant hiring an attorney. You may look into pursuing a class action (if you can show that the bank does this to a lot of customers) - but as a practical matter, your individual recovery will be greater in small claims action than it will be in a class action, most claimants find that while much less effort is required in a class action, their total recovery is far less.