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Should I bring US Bank to Small Claim Court?

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Piccione

Junior Member
Location: Madison, Wisconsin

Not being careful enough, I overdafted for 3 small items and US Bank charged me $140 in total. I went to the Downtown branch and the banker agreed to refund me until she found out that my account wasn't opened there. She referred me to another banker back to the branch I opened my account and said that the other lady is really nice and would surely help me.

Unfortunately, it didn't turn out that way. No matter what I say, they won't refund me.

Firstly, it's already a rip-off. Secondly, it seems really unfair that if I have opened my account in the downtown branch, I'd have gotten my money back, but only because I opened it elsewhere, they won't refund me.

What will happen if I take this to small claim court?
 
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mateo87

Junior Member
You'd loose. Courtesy reverse overdrafts are at the branch's individual discretion. By telling you to visit another branch, that manager was essentially telling you no. Try calling 1-800-usbanks and explain why you overdrafted and ask if there is anything you can do (dont mention your vists to the branches). As long as you don't have a bad history of negative balances, they will usually help you out.
 

Antigone*

Senior Member
Location: Madison, Wisconsin

Not being careful enough, I overdafted for 3 items and US Bank charged me $140 in total. I went to the Downtown branch and the banker agreed to refund me until she found out that my account wasn't opened there. She referred me to another banker back to the branch I opened my account and said that the other lady is really nice and would surely help me.

Unfortunately, it didn't turn out that way. No matter what I say, they won't refund me.

Firstly, it's already a rip-off. Secondly, it seems really unfair that if I have opened my account in the downtown branch, I'd have gotten my money back, but only because I opened it elsewhere, they won't refund me.

What will happen if I take this to small claim court?[/QUOTE]

You have no case ~ none whatsoever.
 

racer72

Senior Member
What will happen if I take this to small claim court?
Let's just say you do. USB will turn the lawsuit over to a large lawfirm. The first thing they will do is move to have the case heard in a higher court, they will claim they cannot provide a valid defense for their client in a small claims setting. This will be approved. They will then bury you with requests for discovery and subpoena for stuff you likely cannot produce. You will show up on your scheduled court day and make you feel like an insignicant fly on the wall. You will be baffled with legalese and lost in latin phrases. You will end up walking out of court losing your lawsuit big time and will likely end up with a bill for filing a frivolous lawsuit. Suing a neighbor for $140 for hitting your mailbox is one thing, suing a large national company for $140 is another.
 

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