111–120 of 261 posts
All three of them acted together to take the $3.4k, and I suspect there would be a settlement rather than an actual day in court.
It might be too late, but maybe call the BofA fraud department and tell them it was an unauthorized charge. "Unauthorized charge" is like the root password for banks.
If everyone on this thread tweeted his story, he'll get his money back. In the age of social media, the only effective tool we have against corporations is public shaming.
For something like this, I've no reason to believe small claims court isn't also an effective tool.
The awful interface of our legal system is one of the key ways that the less wealthy and less educated get an unfair treatment. Any wealthy person would get this reversed and get their legal fees paid for too.
If you know a little bit about legal procedure dealing with something like this shouldn't be too hard. You'd file against your local bank based on the address of the branch you go to for an order to show cause hearing where they are tasked to show up and show cause as to why the transfer of money should go forward. You'd state the basic grounds of mistaken identity, propose a temporary restraining order barring any f…
The article very plainly describes how he was not notified until after the transfer of money already occurred.
Earlier quoted context omitted.
Not bad, contact the defendants attorney in writing, then inform them that you will be notifying the bar as well
No need to wait that long, just call them and say you'll fax over the proof. Lawyers don't want to be a party to a lawsuit later over a few thousand dollars if they might clearly lose it. They will keep some of his money as fees and give some out to clients, so then if they can't get it back from clients, depending on the rules, they might have to come up with it all themselves. No regular attorney wants that, nor do…
I had a problem with them coughing up an escrow refund check, although there is much more to the story that would have most of you boiling.
I filed complaints with a total of 3 agencies and received my check via FedEx Priority overnight not long after. Suck it, BofA.
* Filed complaint with CFPB * Filed with Texas State Attorney General's Office (Insert your state here) * Filed complaint with Office of the Comptroller of Currency (HelpWithMyBank.gov)
Trust me. If you file a very well articulated complaint to each of these entities, they will feel the heat and resolve it.
I hope this information helps you alienchow, and many others.
Consider taking LASD, BofA and the LAPD to small claims court in a single case in Northern California. All three of them acted together to take the $3.4k, and I suspect there would be a settlement rather than an actual day in court. It might be too late, but maybe call the BofA fraud department and tell them it was an unauthorized charge. "Unauthorized charge" is like the root password for banks.
Based on jury duty selection it is more or less the judge's job to babysit lawyers of varying degrees of competence. The judge's office should at least be able to get you on the line with the right person.
Earlier quoted context omitted.
Absolutely. And he's lucky it was just $4k. What of it was $100k and included money you needed to live and pay the mortgage with? This type of negligence by the bank is downright scary .
It's not clear to me that it's the bank's fault. The court must've done some kind of discovery to send the bank a garnish order. So was the bank lazy and just took money from a similar named account without checking the details? Or did the court identify the wrong defendant and issue a garnish order for the wrong person?
If you know a little bit about legal procedure dealing with something like this shouldn't be too hard. You'd file against your local bank based on the address of the branch you go to for an order to show cause hearing where they are tasked to show up and show cause as to why the transfer of money should go forward. You'd state the basic grounds of mistaken identity, propose a temporary restraining order barring any f…
> You'd file [...] an order to show cause hearing where > they are tasked to show up and show cause as to why > the transfer of money should go forward. The article very plainly describes how he was not notified until after the transfer of money already occurred.
He should be calling up the plaintiff's lawyers, not BOA. Lawyers don't want to collect only to have to give it back. Find out who they are and call them. Any other attorneys involved as well. Once they have proof the money should not be given out, any ethical attorney would be very wary of handing out money. It's also likely the money will be sitting in the trust account of an attorney before it actually gets disper…
He should be calling up the plaintiff's lawyers, not BOA. Lawyers don't want to collect only to have to give it back. Find out who they are and call them. Any other attorneys involved as well. Once they have proof the money should not be given out, any ethical attorney would be very wary of handing out money. It's also likely the money will be sitting in the trust account of an attorney before it actually gets disper…