In a lawsuit, is a bank obligated to provide phone call recordings?

Question

Recently my wife and my debit card was compromised and used to spend $5,000 in NYC. These were all unauthorized purchases and our bank has completed the investigation before reaching the same conclusion. Weeks have passed and they've claimed on several occasions over the phone and via email that a check was in the mail or that the funds would be transferred within 48 hours... lie after lie after lie. It's now been over a month and we've hired an attorney.

I'm worried the bank could delete the recordings to protect themselves in court. Is that a realistic possibility and if so is it illegal?

Flatpaw · Accepted Answer

Don't worry so much about the phone calls if you have emails (written proof) that they agreed to reverse the charges.

Spock (rhp) · Answer

your attorney will have to file suit first and then file with a court a discovery motion related to obtaining the evidence.

frankly, for 5k, it isn't worth the bank's trouble.

hotwheels122287 · Answer

dont worry about what they said over the phone .. if YOU have it in writing (you claim they emailed you as well) , you HAVE the proof you need that is IF they are telling you the same thing over the phone AND email....

B. · Answer

It doesn't matter.  They cant be used in court anyway.  Your attorney will handle it.

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In a lawsuit, is a bank obligated to provide phone call recordings?

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