Austin, TX asked in Business Law for Texas

Q: How long can it be since an act that we can still file a lawsuit against a bank?

Years ago our bank took money from our account to pay a Dish Network service that we never signed up for.

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2 Lawyer Answers

A: To the extent that the bank actions breached its account agreement with you, four years. If the bank's act was not a breach of contract. most likely a two-year statute of limitations applies. There are certain legal doctrines which can delay or toll the running of a statute of limitations depending upon the particular facts and circumstances of your situation.

Your account agreement likely contains a provision that requires you to report any errors to the bank within a specific time frame as a condition precedent to maintaining an action for the error. If you failed to report the error within the agreed-upon period of time, you may not be able to seek recovery now.

A: This is why account holders reconcile their bank statements each month.

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