The lawsuit says Herbert and Becky Starbird have "withdrawn or depleted" more than $177,000 of the money deposited in October. The bank says the mistake wasn't discovered until Feb. 5.
The couple's attorney, Thomas Dickey, says the couple isn't to blame, although they are trying to arrange to repay the money.
Dickey says Herbert Starbird repeatedly told the bank the deposit was a mistake but that bank employees insisted the deposit was proper. The bank says it was not informed of the mistake.
Dickey says the couple eventually started spending the money after the bank insisted it was theirs.
