Legal Question in Banking Law in Virginia

I scheduled Chase to take my mortgate out on January 4, 2010 for my December payment. Chase took the money out on the December 22 - posted December 23, two days before Christmas, and of course, my bank account is now overdrawn. On December 23, Chase said they would return the funds because it was an unauthorized transaction, but when I called yesterday (December 24), I was told that the funds would not be returned because they were already past due. (The fact that my mortgage was late does not diminish the fact that taking money out of my account early was not authorized. Chase records their communication and we mutually agreed upon the date the money would be withdrawn.) Yesterday, Trever (a Chase employee) told me that the only way I'd get my money back is if my bank gives it back. I want to sue Chase for bank fraud and pain and suffering.

My question - are there any lawyers in the Washington DC metropolitain area who specialize in bank fraud and who could take this case based upon a contingency agreement.


Asked on 12/25/09, 5:42 am

1 Answer from Attorneys
Jonathon Moseley Moseley & Associates Law Firm

The problem with getting a lawyer to sue them is that there is not enough money at stake. Paying a lawyer would be too expenseive, although I could use the work myself.

Because you would owe thee monthly payment anyway, sooner or later, this money is not a loss to you.

However, you could sue for your bank fees and any other fees or losses that you suffered from your bank account being overdrawn.

You should simply file a "Warrant in Debt" in the general district court in your County for that amount of money. You can get the form from the Clerk of the CDourt of the general district court.

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Answered on 1/01/10, 9:37 pm


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