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Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 6422
Experience:  20 years experience as a civil trial and appellate lawyer
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I HAVE REASON TO SUSPECT MY OWN BANK IS RESPONSIBLE MONTHS

Customer Question

I HAVE REASON TO SUSPECT MY OWN BANK IS RESPONSIBLE FOR 6 MONTHS OF $51.00 DEBITS BEING TAKEN FROM MY CHECKING ACCOUNT SINCE APRIL OF THIS YEAR. WHAT TO DO?
Submitted: 1 year ago.
Category: Legal
Expert:  Maverick replied 1 year ago.

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Normally, you just have to file a written dispute with the bank within 60 days of when the charge appeared on your statement. So you should be able to at least get the last two months reversed fairly easily. Based on the evidence you have, if you walk in to the bank and speak with an agent, they are usually very good about removing these types of transactions and refunding your money. If that does not work, then you can always sue the bank in small claims court for unjust enrichment or for a court order that says that the charges should be reveresed under what is known as a declaratory judgment action. Here is the law in Texas:

Unjust enrichment is found under circumstances in which one person has obtained a benefit from another by fraud, duress, or the taking of an undue advantage. Heldenfels Bros., Inc. v. City of Corpus Christi, 832 S.W.2d 39, 41 (Tex. 1992). Unjust enrichment "characterizes the result of a failure to make restitution of benefits either wrongfully or passively received under circumstances that give rise to an implied or quasi-contractual obligation to repay." Friberg-Cooper Water Supply Corp. v. Elledge, 197 S.W.3d 826, 832 (Tex. App--Fort Worth 2006), rev'd on other grounds, 240 S.W.3d 869 (Tex. 2007)