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ARTICLE · 21 JULY 2014

Protection Against Ancient Claims

The rule of repose "bars actions that have not been commenced within 20 years from the time they could have been commenced."

United StatesFinance and Banking

Put on your law school exam hats, ladies and gentlemen. It's time for a hypothetical.

On August 17, 1981, at a time when CDs were paying 15.55%, Woody Clark deposited $10,000 in a three-year Certificate of Deposit at the Bank of Bug Tussle. A few years later, the Bank of Bug Tussle merged into another bank which eventually was acquired by Your Bank. Mr. Clark showed up at Your Bank's branch in 2014 with his original Certificate and said he was ready to withdraw his money. By his calculations, even without compounding Mr. Clark believes Your Bank owes him $51,315 in interest, in addition to his original $10,000 deposit.

Your Bank has no record that Mr. Clark has ever been its customer. The records of the Bank of Bug Tussle, all of which were paper, were discarded several mergers ago, and Your Bank's branch in Bug Tussle has been closed for many years.

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