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Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 89094
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I wired $1000 through Chase Bank to an overseas location. The

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I wired $1000 through Chase Bank to an overseas location. The money didn't make it to recpiants bank account.Chase has been unable to track the money but are claiming they aren't responsible.Repeated calls to Chase has not helped.Who is responsible?
Submitted: 4 years ago.
Category: Consumer Protection Law
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's legal experts. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Actually, you can place blame on CHASE, and let them show that they are not. Technically speaking, we do not know who is responsible - be it CHASE, the transfer company, or the other bank. But you can hold Chase responsible b/c they are your best bet at settling this amount. Let me explain. Lawsuits are made up of causes of action, in other words, to file suit, you need a cause of action (at least one).



You can file multiple causes of action together. All causes of action have different elements you have to satisfy. For example, “negligence” is proven if there is (1) a duty owned to Plaintiff and (2) the Defendant breached that duty.



It takes too long to explain all elements of each cause of action, but from my knowledge, you have a lawsuit for the following causes of action: negligence, breach of contract, and conversion.

Some elements of the causes of action different by state due to different evolution of local law, but they are generally nearly identical.



In the end, the small claims court Judge decides whether or not the elements for each of the causes of action were satisfied, and if so, what damages are needed to rectify the situation. Note that if you win, you may also get your legal fees and attorney fees tagged unto the award.



Know, however, that 85% of such cases are resolved with a stern demand letter from your attorney and perhaps a draft petition included with it. That usually scared them to make a deal to avoid litigation. Chase, as any bank, would be very wary to have their transfer wire business put into doubt which might cost them business, so they'll be willing to compromise. When you hire an attorney, try to hire them on a contingency basis, i.e. they don't get paid unless you do (usually about 33%, or 40% if reward is from trial). I can help you find an attorney in your area who specializes in these kinds of matters if you'd like.



Best of luck in your matter! I'm here if you need any more clarification or follow up info. I hope you found my answer helpful, and if so please click on the ACCEPT button for my answer. This is the only way for me to be paid for my work. Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”






















Customer: replied 4 years ago.

Hi Eli.

Before I accept your answer I would like a little more detail on where in Grand Rapids MI. I can find attorneys who can help me follow up with this.

 

Chase is claiming that if I look at there legal wiring agreement, they are not responsible for this issue. I will try to attach it to this email or look at it on line at http://www.chase.com/ (legal agreements & terms) See point # XXXXX

 

We suggest you read this document carefully and print a copy for your reference. You may refer back to it at any time by accessing the Legal Agreements tab within the website.
To print the Online Service Agreement, select File from the menubar and then select Print. Finally, select OK in the Print Setup box.
  1. General Terms

    The Wire Transfer Service allows you to wire available funds denominated in either U.S. dollars or other eligible currency, as applicable, from a deposit account you have with us to any recipient (the "Recipient"), designated by you and established with us as provided herein. This Wire Transfer Services Addendum ("Addendum") to the Online Service Agreement sets forth our terms and conditions regarding your use of the Wire Transfer Service (the "WTS"). This Addendum amends and becomes a part of the Online Services Agreement (the "Initial Agreement") between you and us. The terms of the Initial Agreement are hereby ratified, affirmed and incorporated herein, and shall continue to apply in all respects, as amended hereby. Except as otherwise set forth herein, all terms defined in the Initial Agreement and used but not defined herein shall have the meaning set forth in the Initial Agreement. The Initial Agreement and this Addendum are collectively hereafter referred to as this "Agreement." By using the WTS, you agree to the terms and conditions of this Agreement.

  2. Definitions

    As used herein, the following terms have the following meanings:

    • "Agreement" means the Initial Agreement and this Addendum, collectively
    • "Business Day" means Monday through Friday, excluding federal holidays.
    • "Cancelled" means when a wire transfer will neither be processed nor sent for any reason;
    • "Current Day" refers to wire transfers from an account held by us that are scheduled with a present day Send On date (i.e., the transfer is scheduled to begin processing the same date as the Instructions are entered);
    • "Cutoff Time" means 4:00 PM Eastern time on any Business Day or any earlier time that may be displayed on the wire transfer screens when you make a transfer. In the event of a conflict between the Cutoff Time stated in this Agreement and the Cutoff Time stated on the wire transfer screens, the time stated on the wire transfer screens on the Wire date shall be deemed controlling. We may make changes to the Cutoff Time from time to time without advance notice to you so you should always check the screens prior to making a transfer to ensure the timely receipt and transmission of your Instructions. The Cutoff Time is the time by which we must receive wire transfer Instructions to have them considered entered on that particular Business Day. The Cutoff Time reflects the time displayed on our internal system clocks and may not necessarily be synchronized with the internal clock displayed on your computer. For this reason, we suggest that you transmit any Instructions to us sufficiently in advance of such Cutoff Times to eliminate the possibility of missing the cutoff;
    • "Future Dated" means Instructions made via the WTS that are not scheduled to begin processing on the Current Day; only Business Days may be selected for Future Dated transfers;
    • "Instructions" means the information provided by you to us for a wire transfer to be delivered to the Recipient (such as, but not limited to, Recipient name, bank name and account number);
    • "Pending" means any Instruction that you have ordered to be made which has not been Cancelled before the Cutoff Time on the Send On date. All Future Dated wire transfers are "Pending" starting from the time you enter Instructions until the respective items are "Funded."
    • "Repeating" means automatic recurring wire transfers made through the WTS to the same Wire To account for the same amount which you can authorize for transmission;
    • "Send On date" means the date we will withdraw or charge funds from your Wire From account and begin the delivery process;
    • "Wire date" means the Business Day specified in a wire transfer payment Instruction on which you wish a wire transfer Instruction to be executed by us; it is also the day your Wire From account will be debited for the transaction;
    • "Wire From account" means your deposit account with us from which wire transfers will be made hereunder; and
    • "Wire To account" means, the account to which a wire transfer is being requested by you via the WTS.

     

  3. Registration for WTS

    Before you may initiate wire transfers using the WTS, you must first register for the service and enter the service activation codes which will be provided to you by us. Once you have correctly entered the service activation codes, you will be allowed to register the names of Recipients to whom you would like to direct wires.

  4. Establishment of Recipient

    You will need to establish any Recipients to whom you desire to direct wires prior to the Wire date whenever possible. We must receive your Recipient information and activate the Recipient before you will be able to send wires to the Recipient. You need the Recipient's name, address, account number, bank name and bank address to set up a wire transfer. We will review and activate your Recipient within a commercially reasonable time of receipt of the information, normally within one Business Day.

    In accepting a wire transfer Instruction issued in your name, we may rely upon the identifying number (such as Fedwire routing number or account number) of the Recipient, the Recipient's bank or any intermediary bank, as instructed. Also, the Recipient's bank in the wire transfer Instructions may make payment on the basis of the identifying number even though it identifies a person or entity different from the named Recipient. Accordingly, you shall be responsible for the consequences of any inconsistency between the name and the identifying number, as instructed, of any party in such Instructions.

  5. Making a Wire Transfer

    Once you have registered for the WTS and completed your Recipient setup, you may, on the terms and subject to the conditions set forth in this Addendum, request a wire transfer to any established Recipient from the available funds in your deposit accounts with us. We execute wires only on Business Days. Wire transfer Instructions must be received by us by the Cutoff Time we establish from time to time and as set forth herein or on the Instructions screen. Wire transfer Instructions that are received by us after the Cutoff Time will be processed on the following Business Day. Funds are deducted from the Wire From account on the Wire date (although balances in your deposit account might not immediately reflect the wire transfer transaction). Current Day Wire transfer Instructions cannot be changed or deleted once you have verified and submitted the Instructions. Any acceptance by us of a request by you to change, delete or recall wire transfer Instructions which have been transmitted to us, is made conditionally upon the express understanding by you that we cannot guarantee fulfillment of such a request and that we are not responsible for any failure to change, delete or recall such wire transfer.

    In order to authorize a Repeating wire transfer, you agree you have a printer or other means to obtain a printed copy of your authorization for your records. If you do not have a printer, you agree to continue to authorize a Repeating wire transfer on a transfer by transfer basis until you have means of printing a copy of your authorization for your records.

    If you order us to stop a Future Dated or Repeating wire transfer three (3) Business Days or more before the Send On date, and we do not do so, we will be liable to you for those losses or damages as provided by law. If you desire to cancel a Future Dated or Repeating wire transfer, you should cancel your wire transfer online. If for any reason you cannot access the WTS, you may also call customer service at 1-XXX-XXX-XXXX.

    NOTE: If you are using the WTS to schedule a Repeating wire transfer in order to pay your line of credit, mortgage or auto account, you are responsible for updating any changes to the monthly payment amount.

  6. Acceptance of Wire Transfer Instructions

    All wire transfer Instructions transmitted to us are subject to our review and acceptance. Our confirmation of the receipt of your transmission is an indication only that we have received your Instructions. We will debit your Wire From account for the amount of the wire transfer Instruction accepted by us, and may debit the Wire From account for all fees associated with the Instruction. It is your responsibility to have sufficient available funds in the applicable account on the Wire date for wire transfers you schedule and you agree to do so. We will not be obligated to make any wire transfer unless and until there are sufficient available funds in your Wire From account to cover the wire transfer on the Wire date. In the event you submit a wire transfer request and there are insufficient available funds to immediately process that request, we may confirm the receipt of your Instructions but need not accept the request until there are sufficient available funds in the Wire From account. If at the Cutoff Time on the Wire date of the Instructions there are still insufficient funds in your Wire From account, we may at our option in our sole discretion, and without any obligation to do so, extend any overdraft or other credit account. In addition, you agree that we are not required to accept any Instructions for an amount in excess of the dollar limits established by us from time to time. Repeating wire transfers will be paid on the same calendar day of each transfer period, or on the prior Business Day if the regular Send On date falls on a non-Business Day. Future Dated wire transfers (including Repeating wire transfers) will be deducted from your Wire From account on the Send On date.

    Notwithstanding any Instructions to the contrary, we reserve the right to use any funds transfer system and intermediary bank in the execution of wire transfer Instructions, and we may use any means of executing wire transfer Instructions that we deem reasonable in the circumstances. You authorize such funds transfer systems and any intermediary, receiving or beneficiary banks to deduct fees from the funds transferred. You may initiate Current Day wire transfer Instructions in either U.S. dollars or the primary local currency, as applicable, from a deposit account. Future Dated and Repeating wire transfer Instructions may only be initiated in U.S. dollars. We reserve the right to convert funds from U.S. dollars to the primary local currency prior to executing the wire. You understand that we or any intermediary, receiving or beneficiary banks may apply their prevailing exchange rate(s) in the conversion and payment of funds to any Recipient in other than U.S. currency. If the wire transfer is in a foreign currency, and funds are returned because, for any reason, payment cannot be made, our liability will be limited to the New York exchange market value rate at the time refund is made, less charges taken by any correspondent banks.

    You authorize us to charge your designated Wire From account for all wire transfers that are issued in your name and verified by us in accordance with the security procedures described in Section 9. You specifically authorize us and our agents to electronically debit your Wire From account for the purpose of making wire transfers in connection with WTS.

  7. Accounts with Multiple Owners/Signers

    You agree not to request wire transfers from any account that requires two or more signatures. You agree, further, not to change the account documentation to require two or more signatures until you have first notified us to terminate access to such accounts by calling or writing us at the phone number or address set forth in Section 11. No such change will be effective as to your WTS until we receive the notice and have a reasonable opportunity to act upon it.

  8. Recipient Limitations

    We reserve the right to refuse to pay any Recipient whom you may designate for a wire transfer. We will notify you promptly if we decide to refuse to execute your wire transfer Instructions. You represent and warrant to us that you will only set up Recipients and make wire transfer Instructions that are in compliance with the laws and regulations of the United States of America, including without limitation, economic sanctions administered by the United States Treasury Department's Office of Foreign Asset Control ("OFAC") and any other applicable laws and regulations.

  9. Security Procedures

    You must utilize a User ID and password XXXXX access the Online Services and WTS. Prior to registering for WTS via the Online Service, you will be required to enter a unique service activation code which will be delivered via the method you select during the WTS activation process. You must log on to the Online Service with your User ID and password XXXXX enter the service activation codes within 9 days of our transmittal of the codes to you in order to be able to use the WTS. Once you have correctly entered the service activation codes, you will be required to establish your Recipients online. Once you have established a Recipient in this manner, you will be able to make subsequent wire transfers to the same Recipient by logging on to the Online Service with your User ID and password. These security procedures help to prevent unauthorized access to your account. You should not discuss or disclose the procedures, your User ID and password, your service activation codes or any other items of personal information that we may utilize to confirm your identity, with any person not authorized to access your accounts. You acknowledge and agree that the security procedures described in this Section 9 are commercially reasonable.

  10. Liability Limitations

    You are responsible for all wire transfers issued in your name using your Online Service password. If you permit other persons to use the Online Service or your password, you are responsible for any transactions they authorize. NOTE: ACCOUNT ACCESS THROUGH THE ONLINE SERVICE AND WTS IS SEPARATE AND DISTINCT FROM YOUR EXISTING SIGNATURE ARRANGEMENTS FOR YOUR ACCOUNTS. THEREFORE, WHEN YOU GIVE AN INDIVIDUAL THE AUTHORITY TO ACCESS ACCOUNTS THROUGH THE ONLINE SERVICE, THAT INDIVIDUAL MAY HAVE ACCESS TO ONE OR MORE ACCOUNTS TO WHICH THAT INDIVIDUAL WOULD NOT OTHERWISE HAVE SIGNATURE ACCESS. YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT, UNAUTHORIZED OR OTHERWISE IMPROPER USE OF YOUR PASSWORD. WE SHALL BE ENTITLED TO RELY ON THE GENUINENESS AND AUTHORITY OF ALL INSTRUCTIONS RECEIVED BY IT WHEN ACCOMPANIED BY SUCH PASSWORD, AND TO ACT ON SUCH INSTRUCTIONS.

    To the maximum extent permitted by law, we shall not be liable for: (i) any errors or losses you sustain in using the WTS except where we fail to exercise ordinary care in processing any transaction, (ii) any failure to provide the WTS if the account(s) involved is no longer linked for the Online Service, (iii) any act or failure to act by an intermediary bank or any other third party; (iv) any event or circumstance beyond our reasonable control or (v) indirect, special or consequential damages, regardless of the form of action and even if we are advised of the possibility of such damages. Our liability in any case shall be limited to the amount of any funds improperly transferred from your Wire From account less any amount that, even with the exercise of ordinary care, would have been lost.

  11. Errors and Questions

    In case of errors or questions about your wire transfers, if you think that your statement is wrong or you need more information about a wire transfer listed on the statement, you should contact us as soon as you can by calling 1-XXX-XXX-XXXX (1-XXX-XXX-XXXX outside the U.S.) seven days a week, or by writing us at Online Customer Service, P.O. Box 2558, Houston, TXNNN-NN-NNNN

  12. Indemnification

    You indemnify us against any claim, liability or loss asserted against or incurred by us as a result of (a) the issuance of any password XXXXX service activation code (including the means by which we transmit such password XXXXX service activation code to you) or (b) use of WTS, including but not limited to (i) any claim that use of a password XXXXX following the security procedures set forth herein are not a commercially reasonable means of providing security against unauthorized wire transfers from accounts, (ii) any liability or loss incurred as a result of your changing your account documentation without notifying us as required by Sections 7 or 13, and, if yours is a business account, (iii) any liability or loss incurred by us as a result of our allowing an account to be included in a Multiple-Business Subscription or linked to another account in accordance with Section 13. You further agree to indemnify us for all claims, costs, demands, expenses, liabilities and losses including reasonable legal fees and expenses, arising from any claims of a third party relating to any action taken or not taken by us pursuant to this Agreement or any service, unless the action or non-action constitutes negligence or willful misconduct by us.

  13. Linking Business and Personal Accounts

    If yours is a business account, you may be permitted to link personal accounts to your Online Service profile provided i.) the authorized signer on the business account is also an authorized signer on the personal accounts to be linked; and ii.) the personal account information provided during linkage is accurate and can be validated. You agree not to change the account documentation to either add a second signer to the business account or change the name of the business account, until you have first notified us at the phone number or address in Section 11 to terminate access to such account. No such change will be effective to the WTS until we receive the notice and have a reasonable opportunity to act.

  14. Authority

    If yours is a business account, you represent and warrant that you are authorized to enter into this Agreement and to bind your business hereto, and that your Online Service application conforms to the terms and conditions of this Agreement.

  15. Fees

    We reserve the right from time to time upon notice to you to add, delete or modify charges. There is no monthly fee for establishing the service. Fees are assessed only if you initiate wire transfer Instructions and are applicable for each wire transfer Instruction initiated. Additional fees may apply. Fees will be charged against your Wire From account for each wire Instruction accepted by us.

    Fees for all business accounts except for Advanced Business Checking and Advanced Business Checking with Interest are as follows: Domestic Wires: $20; Foreign Wires: $40 for wires initiated in U.S. dollars; $45 for wires initiated in the primary local currency.

    If yours is an Advanced Business Checking or Advanced Business Checking with Interest account, the fees are as follows: Domestic Wires: $10; Foreign Wires: $25 for wires initiated in U.S. dollars; $45 for wires initiated in the primary local currency.

    Fees for consumer accounts are set forth in the Deposit Account Agreement provided to you when you opened your account with us. To find out the amount of the fees applicable to you, visit the Customer Center tab and click the Read Account Rules and Regulations link to see the Additional Banking Services & Fees document.

  16. Severability

    In the event that any of the provisions of this Agreement are held by to be unenforceable by a court or arbitrator, the remaining portions of the Agreement will remain in full force and effect.

  17. Governing Law

    THIS AGREEMENT IS SUBJECT TO ALL APPLICABLE U.S. FEDERAL LAWS, REGULATIONS, RULES AND WIRE TRANSFER ARRANGEMENTS, INCLUDING BUT NOT LIMITED TO REGULATION J OF THE BOARD OF THE FEDERAL RESERVE SYSTEM AND THE UNIFORM COMMERCIAL CODE ARTICLE 4A AS INCORPORATED BY APPLICABLE STATE LAW.

 

Expert:  Ely replied 4 years ago.
The #10 clause does restraint you, but a good attorney should be able to overcome it. I'd like to refer you to the MI Bar's Referral program. The program is free. The attorneys are vetted, qualified, and affordable. If memory serves me right, you also get a free consultation once you are matched up with an attorney from the category that you need (or at least the consultation is very cheap - I know this for a fact). The link to the Bar's referral service is below.

http://www.michbar.org/programs/lawyerreferral.cfm

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



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You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”













Ely, Counselor at Law
Satisfied Customers: 89094
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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