Uhrichsville, OH asked in Banking, Business Law and Contracts for Missouri

Q: Can I sue a financial institution for tortious interference involving a contract/ and or breach of contract?

The bank used to obtain a loan for my company shut my debit card off and blocked access to funds needed to conduct my daily business operations due to my business partner and I having a disagreement. He used his connections at the bank to pull this stunt off. The account was clearly a joint business checking account which included 50/50 access at all times. We had a operating agreement on file at the bank that clearly stated that the account was owned by both him and I 50/50 and we both had rights to the account and funds. However the bank only honered that for my partner.

1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
  • Business Law Lawyer
  • Chesterfield, MO
  • Licensed in Missouri

A: It sounds like your business is the accountholder and that it be the party with standing to file any lawsuit. It also sounds like you and your partner are not going to agree on whether to pay an attorney thousands of dollars to sue the bank. You should carefully review the depository agreement and try to understand the bank's legal basis for its actions before you start spending money to sue.

Ana Maria Del Valle-Aguilera agrees with this answer

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