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Bank won't pay court judgment.?

(Skip to the third paragraph unless you want to know the history of the situation.)

One of my debit cards stopped working a couple of months ago and I went to the bank today to get it replaced (thinking that the magnetic strip had gone bad). The teller takes the card and informs me that my account has been overdrawn and closed. I tell her that this was impossible since I had done absolutely nothing with the account other than deposit $50 into it when I opened it in July 09. "Absolutely" here meaning that I never used the card, never withdrew/deposited into/out-of the account, nothing. I opened the account during a "free account" promotion with the idea of just having a backup account.

Anyway, the teller informs me that the bank's policy is that unless I used the card a minimum of 5 times every month, the bank would deduct 11 dollars out of the account for that month. Of course I was not told that this would happen at the time that I opened the account or I would have told them to kiss my ***. Unknown to me, the bank quietly ate my $50 and added $172.88 to the tab before they closed the account for overdraft and reported me to a collections agency (this according to the manager).

I took the bank to court in May of this year and the jury decided in my favor, awarding me the money that they stole plus the court fees. I have not heard from bank nor received my money from them. I'm just trying to figure out my next step here. Thanks for any advice. By the way, the bank is First National Bank (a.k.a First Convenience Bank), and I suggest it be avoided by anyone looking for a place to keep their money.

3 Answers

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  • Phil R
    Lv 5
    10 years ago

    Unless the bank appealed the judgment, you now have a right to execute on the judgment.

    You need to confer with a lawyer in your state for the exact procedure, but the generalized procedure is that you would ask the clerk of your district court to issue a Writ of Execution against the bank. That directs the sheriff or constable to take the writ to the bank, and demand payment of that amount of money.

    If the bank has appealed the judgment, that's a different story entirely.

    You also might want to consider consulting the US Comptroller of the Currency and the Federal Reserve. Both bodies regulate federally chartered banks.

  • 10 years ago

    You can return to the court and ask that the judge cite the bank manager for contempt. You can hire the county sheriff and have him confiscate bank property and sell it until the judgment is paid.

  • ?
    Lv 5
    10 years ago

    If you have a court order for them to pay it they have to pay you. Does the bank know they lost? If so have you brought any of the paper work to the bank?

    how long has it been since you won? Are they trying to appeal it?

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