Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I filed a travel plan with my bank well in advance of

Customer Question
I filed a travel...

I filed a travel plan with my bank well in advance of travelling overseas. I also engaged a customer seevice rep from the bank who assured me that I would have no problems with access denials. I have had their fraud protection kick in and restrict my card on 5 separate occassions on this trip alone. Two of these occassions were at grocery stores with friends and long lines of customers waiting behind me. This created very embarrassing situations, let alone the fact that I still went without groceries and merchandise until I could go back to my hotel and spend hours on the phone with my bank to resolve the issues.Do I have a case for a civil suit or even a criminal case against my bank? I would think wrongful denial of funds constitutes theft to some degree, let alone the public humiliation.

Lawyer's Assistant: Because consumer protection law varies from place to place, can you tell me what state this is in?

My bank a national bank with branches in nearly every staye but my account was opened in Georgia. I was in South Korea and in the Philippines when i was wronged by my bank

Lawyer's Assistant: What steps have you taken so far?

I have called the bank...spoken with customer service and fraud protection including 2 levels of supervision and management. I put them on notice that further instances would result in legal action...And yes I was subsequently denied access to funds after I put them on notice.

Submitted: 3 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 6 hours by:
3/28/2018
Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 22,400
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Ask Your Own Legal Question
Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago

I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

Ask Your Own Legal Question
Lawyer: Phillips Esq., Attorney-at-Law replied 3 months ago

You can file civil suit against your bank for the inconvenience since you spent time letting them know about your trip and even spoke with them again after the denials and put them on notice. The bank's fraud department should have released the hold on your account after speaking to you after the denials. So, failure to do so, constitute gross negligence on the bank's part and violation of its fiduciary duty to you as a bank customer.

The civil suit would be filed at your local Courthouse. You can obtain complaint forms from the Clerk's office or online if the Court makes forms available online.

Goodluck with your case,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 22,400
22,400 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I was married over 10 years ago while in the military. I met
I was married over 10 years ago while in the military. I met my wife in the Philippines. We had a Justice of the peace marriage in Manila. I then moved to Korea, Iraq and Afghanistan and I sent money … read more
Ray
Ray
Lawyer
Doctoral Degree
33,391 satisfied customers
Does a bank have a basis to deny a custodian access to the
does a bank have a basis to deny a custodian access to the funds in an account for which he/she is a custodian in New Jersey … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
13,355 satisfied customers
Last week wednesday I applied for a loan by phone I got
Hello last week wednesday I applied for a loan by phone I got through then realized when the transaction was made it was fraud because it came form two seperate individuals not the company and it was … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
Our son received a certified check for $3,800. from the
Our son received a certified check for $3,800. from the Phillipines, it was a scam but the bank cashed it without validation, now they want our son to pay back the entire amount is that appropriate?… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I am going to release an e-book. My royalties will be part
I am going to release an e-book. My royalties will be part of crowd funding to fund medical treatment out of the USA. Should I set up a trust account with a bank serving as trustee for me, beneficiary… read more
TexLaw
TexLaw
Attorney
Post-Doctoral Degree
4,347 satisfied customers
This question might in essence be a follow up question about
This question might in essence be a follow up question about the regulatory body for the California FreshWorks fund. To this question an attorney advised that in essence.the California FreshWorks fund… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
I am living in the Philippines and am a US citizen. I have
I am living in the Philippines and am a US citizen. I have had problems communicating with my Financial Institution because of a law here in the Philippines which makes it illegal to talk finances or … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers
Person A gives online banking username and password XXXXX Person
Person A gives online banking username and password XXXXX Person B for the purpose of transfering funds from savings to checking on 2 occassions. Person B accesses the account without permission later… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,898 satisfied customers
I was recently given a citation for possible theft. The family
I was recently given a citation for possible theft. The family dollar female manager on another day told me that I was not to exhange merchandise without a receipt. I found that strange because on ano… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,612 satisfied customers
Currently, I am 30% shareholder of a start up business exporting
Currently, I am 30% shareholder of a start up business exporting electronics to Asia. Recently, due to disagreements, I am thinking about requesting a buy out but unfortunately, we do not have a buy/s… read more
socrateaser
socrateaser
1,031 satisfied customers
I was kicked out of a hotel after the hotel charged my credit card $250.00 in fraudulent
I was kicked out of a hotel after the hotel charged my credit card $250.00 in fraudulent charges. When I inquired about the charges and ask to speak to the manager I was told to leave the hotel by the… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
The hotel I am staying at authorized my credit card twice.
The hotel I am staying at authorized my credit card twice. I asked them to reimburse my overdraft charges. The manager said no, became angry and has told me I have to leave. I have already paid for 4 … read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,770 satisfied customers
Hi, My girlfriend and I were bitten by bed bugs in a hotel
Hi, My girlfriend and I were bitten by bed bugs in a hotel in Virginia beach about 10 days ago. I had to go to the hospital to get medications because the itching is unbearable, I still have reddish, … read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
my bank has put a hold on my business account. reason is they
my bank has put a hold on my business account. reason is they have documents from overseas bank for import that I have made.the docs from the overseas bank have a draft drawn as d/p 90 days.But these … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,408 satisfied customers
i had my pen number for my debt card written on it ....someone
i had my pen number for my debt card written on it ....someone stole it and then used it at the borgata hotel in atlantic city… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
MY CPA MADE AN ERROR ON MY 2008 TAX RETURN. SHE PUT THE WRONG
MY CPA MADE AN ERROR ON MY 2008 TAX RETURN. SHE PUT THE WRONG ACCOUNT NUMBER AND ROUTING NUMBER ON MY ACH DEPOSIT. MY ELECTRONIC DEPOSIT WAS MADE TO THE WRONG ACCOUNT AT BANK OF AMERICA. I HAVE NO ACC… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
Im a wedding planner that got caught up in an international
I'm a wedding planner that got caught up in an international scam with false cashier checks unknowingly to me. I withdrew funds from my account to pay vendors after the bank posted the funds to my acc… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,408 satisfied customers
can a debit card company deny a claim againt unauthorized charges
can a debit card company deny a claim againt unauthorized charges on my debit card totaling $3000? I submitting paperwork and contacted them regarding lost card soon as i realized it was missing and u… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,408 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x