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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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Wells fargo bank turned my 13 year old daughter into

Customer Question

Wells fargo bank turned my 13 year old daughter into collection over a $100 balance that has nothing to do with her and they won't fix it. Can I sue them?
Submitted: 9 months ago.
Category: Legal
Expert:  Sam replied 9 months ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

What are the circumstances surrounding this matter, please?

Customer: replied 9 months ago.
My daughter had a teen checking account at wells Fargo with a zero balance. I had to sign on the account when we opened it because she was a teenager. The state of Arizona sent a request to wells Fargo demanding they withdraw $75 from the account for a past balance I owed. When wells Fargo notified me of this I contacted the state and paid the balance. Even though wells Fargo didn't have to do anything because the account had a zero balance, they charged the account $100 for receiving the request. I refused to pay the $100. Wells Fargo submitted the $100 to a collection agency in my 13 year old daughter's name and refuse to withdraw it from collection saying it is too late. This fee has nothing to do with my daughter plus she was 13 when turned into collection.
Customer: replied 9 months ago.
It will be 3 years on March 12 since she was turned in to collection.
Customer: replied 9 months ago.
I want to know if I can sue them in small claims or something else to get this removed from collection
Expert:  Sam replied 9 months ago.

Thank you.

Yes, you can certainly sue Wells Fargo. However, I suggest because WF is such a big corporation and they have many attorneys, that you might first try contacting the WF Headquarters at***@******.*** or by writing them a letter to:

Wells Fargo & Company
P.O. Box 63750 or P.O. Box 63710
San Francisco, CA 94163

and first try to get it worked out. It would seem a bit much to sue for the return of the money which will cost you more to do that than the $100. Though you could seek your filing fees from WF, you cannot sue for any "punitive damages" those being money for any damage done to your daughter.

You would need to sue in a higher court such as the Circuit/Superior court. But when you do that you will need to prove the WF was negligent. And if you name was on her account and you had a collection from another source, WF is not at fault.

Customer: replied 9 months ago.
Could I sue in small claims?
Expert:  Sam replied 9 months ago.

Yes. You can sue in small claims court in the county where the bank is located.

I suggest you will need to served the "resident agent" with any and all documents you file with the court. To obtain the name and address of the resident agent, you can use the AZ Secretary of State website at this LINK.

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