Unauthorized charges, failed transfers, or account errors can leave businesses and individuals frustrated and fighting to recover their money. When banks refuse to resolve these issues, mercantile law provides a legal pathway to hold them accountable. As financial institutions have a duty to safeguard your funds, you have the right to take action if they fail to meet their obligations. In this article, we’ll explore your legal options and how to pursue justice when dealing with unauthorized bank transactions.

Immediate Reporting

The first step is to act quickly. Most banks require disputes to be reported within a specific time frame, usually 30–90 days, as outlined in your account agreement. Failing to report unauthorized transactions promptly can weaken your case and limit your legal options. Always keep a record of your communication with the bank, including emails, phone calls, and complaint ticket numbers.

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Formal Complaint

If the bank does not resolve your issue promptly, escalate the matter to their compliance department or file a complaint with Mexico’s Condusef (National Commission for the Protection and Defense of Financial Services Users). Condusef serves as a mediator between consumers and financial institutions, and they can help facilitate a resolution. Filing a formal complaint shows the bank that you are serious about pursuing the matter.

Mercantile Lawsuit

If the bank continues to ignore your concerns or refuses to provide a refund, you have the option to file a mercantile lawsuit. This legal action holds the bank accountable under the principles of mercantile law, which govern financial and commercial transactions. Common claims in such lawsuits include:

• Fraud or Negligence: For example, if the bank failed to prevent unauthorized access to your account due to phishing scams or system vulnerabilities.
• Breach of Deposit Agreement: Banks have a contractual obligation to safeguard your funds. Failing to do so constitutes a breach of this agreement.

Evidence You’ll Need

To strengthen your case, gather the following evidence:

• Bank Statements: Clearly highlight the disputed transactions to show unauthorized charges.
• Proof of Prompt Reporting: Provide emails, complaint tickets, or any documentation showing you reported the issue within the required timeframe.
• Account Agreement: Include any contractual terms that outline the bank’s obligations to protect your funds or resolve disputes.

Having detailed and organized evidence will significantly improve your chances of a favorable outcome, whether you’re dealing with the bank directly or taking the case to court.

Potential Outcomes

If your claim is successful, the possible outcomes include:

• Reimbursement + Interest: The bank may be required to return the unauthorized funds along with interest on the amount.
• Compensation for Damages: If the unauthorized charges caused additional issues, such as missed payments or frozen accounts affecting your business operations, you may be entitled to additional compensation for damages.