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Thomas
Thomas, Solicitor
Category: European Law
Satisfied Customers: 6261
Experience:  UK based Immigration Solicitor
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Hello, need an attorney who can assist with bank issues.

Customer Question

Hello, need an attorney who can assist with bank issues. Made a transfer for $33K to deutsche bank in Italy, about a month ago to a wrong account, an old supplier that doesn't exist anymore and have been trying to get it back for about 2 weeks now. My bank, BofA has sent over 5 message to that bank and we are not even getting a response. Need consultation and maybe legal action taken, looks like the bank is just holding the funds, and not even responding about them...please let me know if someone can help or not, and where I can go to get help.

Submitted: 1 year ago.
Category: European Law
Expert:  Thomas replied 1 year ago.
Hi


Where are you based?

Has the money been sent to Italy?

Tom
Customer: replied 1 year ago.

I am in North Hollywood, CA. The money was transferred to an old account that supposedly no longer exists in Italy, one of us accidentally chose the wrong account then a few days later realized that we send the funds to the wrong account, called our bank and did a recall.


It has been over two weeks now and we still don't have an answer from the other bank that got the funds, they are not even responding, so our main concern right now is to at least get a response from the bank.


 


We also called our Italian contact, they said that they don't even have that account anymore, so supposedly the bank is holding these funds, and we don't know why, this is a huge bank, we need to try to get a response from them, then we'll know what to do next if anything at all. Your services and help will be appreciated and we don't mind paying appropriately if the result is achieved.


 


Boris M.


OWNER

Expert:  Thomas replied 1 year ago.
Hi

I will be able to answer in half an hour..

Tom
Customer: replied 1 year ago.


Ok, thanks, XXXXX XXXXX wait for your answer but will be out, will get back when I can as well. thanks.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

You need to instruct an Italian Lawyer right away. If the bank and the account is based in Italy then it will be governed by Italian Law.

If the money has left your account then it is in another account obviously. Most likely, they would have to trace the account holder. If the supplier is out of business then the account should be dormant which is probably the reason why they are being so slow about responding.

An Italian avvocato (there is now Italian law section on this site) would probably write to them to explain the position and state that they should hold the monies and not disburse them. It may be that they say that they cannot release the monies until such time as the account holder authories.

If the account holder does not authorise the release or they cannot be contacted then it’s not likely that they would release the money unless there is a court order ordering them to do so. Ultimately, you would need an Italian lawyer to apply to Court for this.

I think you have to get formal over this, you’re not getting anywhere with request and as time goes by the likelihood that the account holder could do something is increased.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 1 year ago.

Before I rate, one more question please...the above is okay information, but doesn't really give me any direct path to solve my issue, if I rate you okay or above, am I still able to ask you a question or two on this topic? I want to see what I can do still without getting an advocate in Italy and so on...but if I do have to, will you be able to point me in the rigth direction at least, or provide some more information.

Expert:  Thomas replied 1 year ago.
Hi

It's a bit difficult to say, but I will try to answer your questions to the best of my ability...

Tom
Customer: replied 1 year ago.

Okay, thanks again, here is why I was waiting to provide the feedback, I did get an answer today from the other bank, and they are stating that the funds are not available, this is what I was afraid of, so this is my final question to you Sir. Now that I know what I was suspecting the whole time, the fact that the other party pretty much stole the money, what can I do? The funds do not belong to them, they were accidentally transferred and they of course took them deliberately, what action can I take at this time?

Expert:  Thomas replied 1 year ago.
Hi,

You can't muck around any more: you need to instruct an Italian attorney immediately. They will be able to confirm if a crime has occurred according to Italian law, or (if not) be able to speak to you about commencing a civil action for the monies.

This forum is not useful to you now, you need specific advice.

Please remember to rate my answer.

Tom
Thomas, Solicitor
Category: European Law
Satisfied Customers: 6261
Experience: UK based Immigration Solicitor
Thomas and other European Law Specialists are ready to help you
Customer: replied 1 year ago.


Okay, so just one more question...although I did try to change my service to Good, it didn't allow me, but if you can help me answer a few more things here I will be sure to leave a bonus...so we figured out that the recipient of the cash didn't get the money because he owed the bank as he says €6400 and the bank took the money we sent to themselves right away, but still, we sent about € 29000, so there should be money left...first of all, second of all, is the bank allowed to just take the funds and if they are, these funds were sent by accident, the beneficiary didn't deserve them, it wasn't his money, it was by mistake, there is no work or service that he provided for this money.


 


If the bank did take the money, who can I talk to at this point about this, is there a place you recommend, lawyer site, attorney sit, that I may find the correct type of person to handle this for me going forward?

Expert:  Thomas replied 1 year ago.
Hi

I will answer tomorrow.
Customer: replied 1 year ago.
Please respond, I would really appreciate that
Expert:  Thomas replied 1 year ago.
Hi

Sorry, I will answer in the morning.
Expert:  Thomas replied 1 year ago.
Hi,

You need to get in contact with the American embassy (if you are a US citizen) and refer to the location of the bank. They will be able to tell you which regional bar association covers the area.

You should then contact the relevant bar association and as for lawyesr in the area so that you can contact them about commencing action.

I am not sure on Italy's laws on this, but generally it is the duty of the sender of the money to verify that the destination is correct, however, as you say there is a balance you should probably be able to recover the balance but you may need to go to court to do so.

Tom

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