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  • Aug 30, 2010, 05:09 AM
    nancyb1965
    Can you sue a bank
    My bank made a terrible mistake 4 years ago that allowed me to spend 95,000 on a line of credit, that I should'nt have had, but was connected to my account, there are more details, but they froze my accounts, I had never been late for payments, mortgage, loans etc. but when they froze my accounts I had nothng, was forced into bankruptcy and lost my house, is there anyway a bank can be sued, and is there a statue of limitations I am in Canada
  • Aug 30, 2010, 05:15 AM
    smoothy

    Sorry, but if YOU spent the money... and they didn't. That made it your problem not theirs.

    A line of credit in many ways isn't unlike any other type of loan... except it's there when you need it. IF you need it. If you don't use it it costs nothing. And THAT really isn't different than if there was an accidental deposit made to your account that you ran out to spend... and they took it back when the mistake was realized. And it does sound like that's effectively what happened. They would have the right to recover money accidentally deposited, or in this case, the line of credit you ran out to spend that you said they never should have given you. It wasn't a gift, it's a secured loan when you get right down to it.

    The real mistake here was running out and blowing the 95,000 dollars if you knew it wasn't yours to spend which appears to be the case.
  • Aug 30, 2010, 05:27 AM
    ScottGem

    Even if it was totally the bank's fault, its probable the statute of limitations has expired.

    But I agree with Smoothy. If $95K all of a sudden showed up in my accounts, I would thoroughly investigate before spending any of it. I can understand your thinking a couple of hundred was a mistake in your accounting. But $95K?? Lets be realistic.

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