A Key Bank overdraft fee’s lawsuit is an unfortunate result of a mistake made by a banking representative. You, as a consumer, have the right to demand that a bank properly refund overdraft fees due to mistakes made by a bank representative. If you are not happy with this result, you should contact a Key Bank attorney who has experience in representing consumers who have been harmed by bank overdraft fees. Although the bank has the right to pursue legal actions to recover overdraft fees, a court decision may be required first. An experienced attorney can ensure that your rights are protected and that you receive the full amount due you for your over-limit transaction.
Key Bank Overdraft Fees Lawsuit
The bank has several defense strategies available to limit your damages and keep you from collecting what may amount to a substantial amount of money. They may argue that you did not have an original account balance and are simply attempting to collect on an old account. In addition, they may attempt to argue that you never actually held the account and were only trying to retrieve a balance that was owed to them.
Both of these defenses have disadvantages.
First, banks do not have to prove that you actually had an account before they are allowed to pursue you for fees. Second, banks cannot use vague arguments to limit your recovery on overdraft fees. An experienced attorney will be able to help you recognize these defenses and fight them in court.
Your attorney will also be familiar with the timelines in which banks must pay out funds and how many months they have to wait.
The bank may also try to limit the recovery on fees by claiming that you never actually held the account. For this reason, you will want an experienced attorney on your side fighting for your rights. Only an experienced attorney can ensure that you receive the full amount you are entitled to. If you face a critical situation involving your bank overdraft fees, you need someone on your side who knows how to fight for your rights.
One way to ensure that you obtain the maximum amount from the bank is to have a motion in limine prepared.
This document provides the bank with a timeline outlining when they must pay you. If they fail to do so on the timeline, you may be able to file a claim against them personally.
When you are preparing for a Key Bank overdraft fees lawsuit, it is also important to know what your options are and how they may affect your case.
If you choose to sue the bank, you will likely receive compensation on a contingency basis, meaning that you will only receive a percentage of the total money the bank owes you. Some individuals prefer this type of arrangement because they do not want to worry about collecting the money. You may also want to consider an out of court settlement. This means that you negotiate directly with the bank over a settlement and that you pay nothing in return.