Legal Question in Legal Ethics in California
What is the position of a person when a bank attempts to take them to court to retrieve funds which were given to him by the bank from another customers account? The bank had attempted to take the owner of the account to retrieve the funds, which is believed due to the owners having the assets and the person in question does not. Now the bank, I believe is attempting to retrieve the funds from the person that is without. The person had previously written letters to the ban and to the comptroller stating that the bank had given him the funds, after he had told them the funds were not his. this occurred from June 2005 through August 2005.
2 Answers from Attorneys
Money that is inadvertently or accidentally deposited into your account by a bank is not your money to do with as you please.
After four years, they can't sue you for it. But they might, and unless you respond to the lawsuit correctly raising the four year statute of limitations as a defense, you would lose.
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