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DCrane Law
DCrane Law, Lawyer
Category: Consumer Protection Law
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Experience:  Successful consumer advocate.
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Today a withdrawal showed up on my Wells Fargo checking account

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Today a withdrawal showed up on my Wells Fargo checking account (California) with "DDA Checking Debit Funds via 1LLG" in the amount of $237. Called WF legal dept. and was told that it was a legal document processing fee from an $6,100 "order" from CitiBank. I asked if there was a levy or lien on the account and was told "no" and the account is not "frozen". Also told that they will have no more information for 1-2 weeks. I do have an outstanding debt with CitiBank for that amount, but have never been served (or attempted to my knowledge) and have never received any notifications from a local court of a judgement against me. My questions are: 1) what is "DDA Checking Debit Funds via 1LLG"? 2) If there is a judgement against me in another county in the state, or in another state, isn't WF required to inform me what entity is enforcing the judgement?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  DCrane Law replied 1 year ago.
Thank you for the post, I am happy to assist you by answering your questions. DDA stands for demand deposit account, and it is very likely due to a judgment against you. Your bank is required to disclose the information it has available to it, the bank's legal department is actually the proper party to contact to learn the details of the DDA and is obligated to provide the same, including a copy of the documentation it received to process the debit. Please let me know if you have any follow up questions.
Customer: replied 1 year ago.

OK. But there was other monies in the account over in excess of the $237 withdrawal. If there was a judgement, why not a levy to take everything in the account? (not that I'm complaining). I was also told by the bank that I had to wait 1-2 weeks for more info. Does this sound right?

Expert:  DCrane Law replied 1 year ago.
I really cannot answer why the entire balance was not seized by the creditor as normally that is exactly what happens. One to two weeks for written correspondence is average, but if they are saying it will take that long to tell you verbally what is going on that is unreasonable and you should contact the bank's legal department.
Customer: replied 1 year ago.

We did contact the bank's legal department the answer received is that it was a "legal document processing fee". I am trying to understand what a DDA is and how it used as a vehicle to seize money from the account (vs. a levy which is pretty straight forward).

Expert:  DCrane Law replied 1 year ago.
A levy is court ordered but a DDA does not necessarily come with a court order, a creditor can issue a DDA to your bank without formal legal process (court order directing the bank to release the funds).
Customer: replied 1 year ago.

So, money can be taken out of the account without having gone through a formal legal process? Would a creditor be able to issue a DDA for the entire amount of the debt without a judgement?

Expert:  DCrane Law replied 1 year ago.
The money can be frozen with a DDA, but to be released to the creditor a court order must be in place. A DDA is the type of account you have with the bank, meaning that you can demand the balance on the account be released to you at any time (as opposed to a money market account or certificates of deposit accounts).
Customer: replied 1 year ago.

OK. So all the money in the account was not frozen or levied, just the $237 for a "legal document processing fee" was taken. How does this make sense if CitiBank has a judgement for $6100? What question(s) should I specifically ask the bank to obtain a more informative verbal response?

Expert:  DCrane Law replied 1 year ago.
You should ask for a copy of the documentation you bank received which gave rise to the process fee.
DCrane Law, Lawyer
Satisfied Customers: 25285
Experience: Successful consumer advocate.
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