Taking my bank to small claims court.

**AnW819** · 04-11-2010, 06:48 PM

I decided this is what DH and I are going to do since the bank won't remove and refund those overdraft fees. Dad suggested it and its only like $20. I can sue up to $3000 but we will only be doing the cost of the overdraft because I don't think I need to sue for anything. Wish I could sue for not being able to pay rent because of all the money they stole from me. So we will be looking more into this tomorrow. Dad says he doubts they will show up for $1000, but either way I am hoping I win!!!

Anyone know how Small Claims works? How do you get your money if you win?

**Kitten20** · 04-11-2010, 08:52 PM

I have no idea how it works, but good luck!

**AnW819** · 04-11-2010, 09:09 PM

Thanks very much!!

**3tomboys** · 04-11-2010, 10:17 PM

My DH and I sued a car dealership in small claims court about 15 years ago. We won and then the dealership had an alloted amount of time to pay. We didn't get the check so I called the dealership to see what was up and they said they had the check ready for sometime and were just waiting for us to come pick it up. They ended up sending it to us in the mail.

**AnW819** · 04-11-2010, 10:19 PM

I am sure it will be a PITA to get the money if we do win, but I can't just sit here and let it go to collections, kwim?

**daughter of pearl** · 04-11-2010, 10:56 PM

Go get 'em, girl!!

**AnW819** · 04-11-2010, 11:04 PM

Haha---thanks.

**Michelle68** · 04-11-2010, 11:06 PM

Good luck, Ashley! Let us know how it goes.

**Wendy99** · 04-11-2010, 11:14 PM

no idea but would you not sue for your court costs as well? best of luck & good for you for not letting walk all over you

**Palooka** · 04-11-2010, 11:41 PM

Good luck and let us know how it goes.

**militlady** · 04-12-2010, 12:42 AM

I would think you would be able to sue for the overdraft fees and all associated costs that were incurred because of the overdrafts as well as the court costs. Hope you win and actually get the money back in a timely manner. Keeping my fingers crossed for you.

**frugalfranny** · 04-12-2010, 01:20 AM

Good luck......let us know how it goes.

You can probably find out more info by going to your city on-line unless someone lives in your area that is on here.

Don't know, but would guess that each area can be a little different.....just be thorough with the paper work. I would also ask for reimbursement of filing fees.

**Josephhgoins** · 04-12-2010, 07:18 AM

Can you sue for the time you take off work to go to court as well?

Also, GOOD LUCK!!

**khaski** · 04-12-2010, 08:18 AM

IN my understanding you can't sue for the time you took off to deal with it, but you CAN sue for court costs. GOOD FOR YOU- a mistake on their part is a mistake, but they have stolen your $, and I wouldn't allow that either! Have you switched banks yet? I would try to sue for the fees incurred when the erroneous overdrafts screwed up your account- for instance, you can't sue for your rent amount, but you CAN sue for the 'late fee' you may have been charged due to this mess when your rent bounced due to their error. Try it- the worst a judge can say is no! Good luck, please keep us posted on this!