Thank you for submitting your important legal issue to Just Answer. I am pleased to have the opportunity to provide you with an honest and easy to understand answer to your question.
I am an attorney licensed in the State of Texas. The following information is a brief answer to your question. However, if you feel that you need further information or that you have other insights which might help me in providing a better answer, please feel free to write back.
In this situation, your bank account agreement will control the terms of deposits made into your account. It sounds like there may have been a mistaken payment to your account. You need to send a certified letter to Wells Fargo requesting an explanation of the withdrawals, from your account and state that you had a good faith belief that you had earned the money and that it was yours to spend. Request a refund of all over draft fees, and threaten to close your account and file suit should they not return the fees. Also state that they were withdrawing the funds from your account without notice or explanation, which is a breach of the bank account agreement. Unfortunately, if it is a mistaken payment, they have the right to take the money out of the account. However, they should not charge you overdraft fees on the payments, as it is not your fault. In the end, it is very difficult to fight the bank on situations like this because they have a Arbitration
Clause in your bank account agreement, which will actually prevent you from filing suit and also puts you into a very unfavorable venue for protecting your consumer rights. If there were any misrepresentations made by the bank in regard to this situation, you may have a cause of action under your states Consumer Protection statutes.
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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Zachary D. Norris or The Norris Law Firm. For complete legal advice and representation
, you should consult with an attorney licensed to practice in your state.