There are many reasons to sue a bank. Banks have a fiduciary duty to their customers, and if they break it, they are liable. Also, in today’s market, it seems that banks keep coming up with new ways to take advantage of their customers, such as levying huge fees, changing interest rates, and so on.It is also possible to sue a bank for predatory lending practices. But it’s not easy. Banks have lots of money (surprise, surprise) and plenty of legal muscle at their disposal. While they have very, very deep pockets from which to satisfy a judgment, they’re going to make it very difficult to get a judgment against them in the first place.
In terms of the formalities, filing a lawsuit against a bank is just like filing suit against any other company. In practice, though, it’s going to be different.
Before allowing you to open an account, banks always force customers to sign an agreement to their terms of service. And–surprise again–these documents have been very carefully worded to work only to the bank’s advantage. Before suing the bank, you will need to be sure you have a copy of all the “agreements” you have made with the bank. It’s very likely that there will be wording that will make your battle an uphill one.
Get copies of all relevant documents and be prepared to lay out your case in great detail. However, because the entire “system,” starting with the terms of service, is heavily slanted against the consumer, it’s tough going. Attorneys know this. They’re only being ethical by being reluctant to file lawsuits that they know are very difficult to win.
You can also, in many states, sue a bank in small claims court. This is an interesting possibility because often, small claims courts require plaintiffs and defendants to represent themselves rather than being represented by an attorney. But even if the court says that both you and the bank must represent themselves, there is no prohibition on being advised by an attorney.
Written by www.howtosue.org