Jonathan Blake RandolphLitigation LawyerKingwood, TX ·
Need more information for anyone to answer this...What was the payment for and why was it unauthorized? Any company who takes your money without your authority may be liable for damages and possibly attorney's fees. It just depends on exactly how and why the transaction occurred.
Yes you can sue the company as well as your own bank. But you fail to describe why that company thought they could do it, so I can't analyze whether you should win that lawsuit or not. Why did the company think they could take money out of your account? What did you sign? What transaction did you have with that company? What would the company have told your bank as a justification for taking the money? If you don't know, then guess?
The most important thing for you to do in this situation is to write to your own bank a letter and send it in some manner that involves proof of receipt, either certified mail, return receipt requested, or else deliver it in person to the bank, and ask the bank employee to sign a receipt with the date received. Keep a copy of the letter. Under the federal Electronic Funds Transfer Act, if you do the letter promptly (meaning within 60 days of the day the bank informs you of this withdrawal) then you have the right to have the money put back in your account if the transaction was not authorized by you. The bank has to issue temporary credit to you within 10 days and then complete its research and make a decision on final credit within 45 days. But you must write the bank a letter stating that the transaction was not authorized by you, giving the date, dollar amount, and whatever description appears on the bank statement.
If you call the bank, they will tell you that a verbal report of unauthorized transaction is sufficient, but don't believe them. You need a letter. What bank is it?
Most of the time a letter to the bank will get your money back. Good Luck.