Shelbyville, TN asked in Small Claims for Tennessee

Q: If a bank tries to take money out of an old bank account without your consent can you sue that bank

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1 Lawyer Answer
Anthony M. Avery
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Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: You better read your Deposit Agreement as the Bank may have the right. If not, understand you are talking about suing a nationally chartered bank, so it will be difficult and expensive. When you deposit money, the bank owns the money subject to your right to withdraw it. There may be a conversion or contract breach involved, or neither. It appears that you need to investigate further. Talk to your Bank Manager first, and get a specific reason why the Bank is taking the money. If the bank only tried to take money out, and did not, then there is probably no cause of action.

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