How do I take legal action against a bank?

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I recently cashed a check from my insurance agencie and deposited the money into my account. Two weeks later, the bank put a hold on the funds in my account. They said its because my car needs repairs to the body so they are gonna take the money and use it to repair my car. I do have a loan though this bank, to pay for the car, but I've made all of my payments on time. Can they just take my money and have repairs made to my car with out my consent? Can I take legal action here? If so, how would I go about it?

Attorney Answer

1
Michael Prozan ·
Well, it certainly sounds strange, but one would need to see the agreements with the insurance company and you, the bank and you, etc to know whether or not you have consented. How much did they take? Did it actually get paid for the repair of the car? While offensive and likely unlawful, a big question was whether you were damaged . . . if all they did was pay a bill you owed and were going to pay anyway, what are you going to ask for when you go to court? Even if the amount was just plain taken by the bank for their benefit, how much was the check? Is it really a small claims court issue? Sounds to me, though, like it is time for a new bank.
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