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If the lending company is acting in bad faith, and to your detriment, first you need to send them a "Bad Faith Letter." This puts them on notice that you may be making a complaint if they don't fulfill their obligations. If they still fail to act, you can file a complaint with the State Banking Commission. The Commission will conduct an investigation based upon the information you provide, and if they find that your claim is warranted, will require the bank to provide restitution and possibly fine the bank for impropriety.

Beyond that once the investigation is completed the commission will make a "finding.":

1) That the complaint is warranted.

2) That the complaint is unfounded

or most commonly:

3) That the agency declines to establish a finding but grants a "Right to Sue" letter.

If a complaint is warranted, the commission takes jurisdiction of the case and seeks administrative review. If the matter does not settle, the commission will file a civil action and seek fines and penalties against the bank in addition to a judgment.

If the commission finds a case is unwarranted, the matter is dismissed.

Most commonly, the commission makes no finding and issues a right to sue letter. This permits the complainant to file a private lawsuit and seek damages, but the Commission will not be involved. A "right to sue" letter is necessary for a private plaintiff to start a bad faith banking action. If you do not go through with filing a bad faith complaint and go through the State Commission investigative process, the matter will be dismissed for failing to first undertake all administrative remedies.

You would file a complaint first, you would file a demand for the relief you believe you are due.

If they refuse your demand letter, you can file a lawsuit and pursue a judgment.

You can initiate an action by buying a docket number, and filling out a summons and complaint alleging what it is that you are seeking damages for. The summons is a form. The complaint is the specific particulars of the redress you wish to seek. Once you purchase the docket number, the summons and complaint must together be served on the defendant in a manner acceptable to state law. The best way is personal service through a process server, but there may be alternative methods that are acceptable. Then you would need to file an affidavit of service explaining the time, date, manner of service (By mail, By personal service, By process server etc) The defendant would be able to put in an answer, and any affirmative defenses. After that the case is in issue, it would be assigned a judge and both sides can seek discovery.

Depending on the amount in dispute, you may be able to file in small claims court.

The purpose of small claims court is to create an infrastructure where individuals with minor financial disputes can bring their claims without the necessity of legal procedural rules, the expense of an attorney or the foundations of the rules of evidence. The filing fees are lower, the rules of discovery are relaxed and cases are resolved much quicker.

Small claims court can only be used to assess damages on contractual liability cases. It does not have the authority to enter into court orders.

You should consider hiring an attorney who is an expert in banking law matters. Hiring a private attorney will go a long way in giving you professional representation who can look at your case, form a strategy and forward your best legal argument, It will also serve to make the judge and parties involved take your position more seriously and give you your best chance at success.

I hope I was able to help you and answer all of your questions and concerns. Is there any part of my response about which you need clarification or further information? Did you have any other questions on this subject for me today?