Senior Client Fixes Bank Misstep with Help of Clinic Volunteer

Katherine is 83 years old. She pays her monthly cell phone bill by mailing a check for about $100 to her cell phone carrier. One month, Katherine learned that one of her checks had been stolen, altered, and deposited into someone else’s account. This caused a withdrawal of $3,900 on her account.

When she came to CVLS’ clinic at Old St. Mary’s Church, Katherine told her volunteer attorney that she just wanted to make things right. She had already contacted the bank who responded with a letter saying that they needed 180 days to investigate the claim. Volunteer attorney, Jim Costello, irritated on Katherine’s behalf, agreed to help her.

Jim tried many ways to get in touch with the representative from the bank who sent Katherine the letter. Eventually, he was able to use LinkedIn to track down the email address of the employee handling her claim. Jim then drafted a complaint, alleging common-law negligence, breach of contract, and violations of the Uniform Commercial Code (UCC). He sent the draft complaint along with a letter to the bank employee, explaining that he would be filing suit in one week.

That very same day, the bank contacted Katherine to let her know that her account had been credited for the full amount previously withdrawn. Having received the runaround for months, Katherine’s legal problem was resolved in just one day after Jim got involved!

Katherine was exceptionally grateful for the work that Jim and Mary Anne Smith provided on the case. She let them know that she would keep them in her prayers at a Thursday prayer group she regularly attends not too far from Old St. Mary’s.

Jim Costello, Costello, McMahon, Gilbreth & Murphy Ltd.
Jim Costello, Costello, McMahon, Gilbreth & Murphy Ltd.
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