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I went to an ATM to take out money for my bills as I do

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I went to an...

I went to an ATM to take out money for my bills as I do every month. The machine door did not open so I could not get my money. When I went into the bank, I was told to call Direct Express. that the bank is not responsible for thie A

Lawyer's Assistant: The Retirement Accountant will know how to help. Is there anything else important you think the Retirement Accountant should know?

ATMs. Direct Express tells me it should take 90 days to get an answer regarding my money. It was $800. I am retired, not in good health. What can I do?

Submitted: 7 months ago.Category: Legal
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Answered in 3 hours by:
12/6/2017
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thanks so much for your patience.

This appears to be a breach of contract based on the failure to perform within a reasonable time if they are saying it takes 90 days for you to get your money when ordinarily it would only take 1-2 minutes to get your money. Courts regularly look toward the Uniform Commercial Code as their guide, since many states have adopted this code into their own statutes. Under UCC Section 2-309(1), the law says that each party has a reasonable time to perform if it is not expressly stated in the contract. What is considered “reasonable” is a matter of fact and depends on the circumstances, but it is an argument that you would have to make that it is unreasonable. Regardless, there is a legal basis for your particular claim. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state started.

What other questions did you have for me?

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