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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10206
Experience:  Civil litigation attorney for individuals and businesses.
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The bank was awarded 188k judgement against me. After

Customer Question

the bank was awarded 188k judgement against me. After judgement the area president, president, sr vp, president of lending, 3rd party individual, and counsel/board member. Purpose was to clarify questions i had on the reconciling of the loans. 216 loans 1.8 million total, all loans are due 90 days from loan date. the questions i had prior to judgement were answered in this meeting despite my efforts prior to the information was not made available to me. Had they briefed the 3rd party guy better i am certain i still would not know. Now i know the bank took 245k from me to pay loans and the loans were never paid. to date they still show as outstanding. the bank says verbally they are not owed. That is good and all but as long as they are not reflected as paid that money never shows up as a credit. So in effect short me this amount in payments made, then they charged me 271063.00 for returning my funds to me Eg: i give a check to the bank from my customer payable to me in the amount of 100k. 50% due the bank and 50% due me. the bank would apply 100k in the loan account the DEBIT the account 50k and credit my account 50k. A debit to the bank and to the customer carry to different meanings. So as the bank created these debit memos in the amount of 271k they added this in on the end of the loans. they have error 515k. i have addressed with the bank and they will not correct, nor provide in writing reason why or provide documents used to arrive at their position. i say it is criminal. the comptroller of currency set guidelines for banking institutions in regards ***** ***** over payments, and the investigation of it. Counsel sits on the board. if you are employed by a bank and are made aware of an error you are obligated to correct period. None of the above referenced money falls inside the last 90 days of loans. Since all loans are paid in 90 days are the other loans going to be covered by the judgment? Can i have the judgement offset?
Submitted: 4 months ago.
Category: Legal
Expert:  CalAttorney2 replied 4 months ago.

Dear Customer,
Thank you for using our forum. My name is ***** ***** I hope to assist you today.

I am sorry to learn about this situation with the bank.

While it is possible to use a valid claim as an offset against a judgment, the problem with your situation is that it is a contested claim at this point. Until the status is resolved, it is not going to be sufficient to simply write the bank and tell them that you are considering the debt satisfied because of their error.

I do not believe that you should simply walk away from a $200,000.00 bank error though.

What I would suggest however is perhaps a change in your approach. In reading your post above (and the "what have you tried" section), it appears you have approached the bank's error as a criminal matter, this is more appropriately characterized as a civil dispute and possibly a regulatory matter.

While there are many variables over which I have no control (and many facts which I cannot review for you here), in general, taking a different approach/tact on this issue is likely to yield a much different result, however. You are going to have to walk back a bit on this from approaching the bank (and their senior level employees) as criminals and guilty of federal crimes, and instead try to approach this as a breach of contract (the loan agreements, deposit agreements, etc.), which you can enforce, and potentially regulatory matters (which are enforced by various banking entities:

But if you want to maximize your chances of resolving this favorably at this point, I would recommend hiring a lawyer to help you approach this from the civil side (breach of contract angle). That is going to give you the best possible aspect to getting the credit you are entitled to and allow you to offset this claim against the civil judgment you currently have against you.

You need a lawyer because of the scope of the dispute (nearly $200,000.00), and most significantly because of the procedural posture you have framed the matter in previously (it is going to be much easier for an attorney to walk this back from the threats of federal criminal prosecution and reframe them in the civil light). Finally, a civil litigation attorney will be able to coordinate these two actions for you, and hopefully get a stay on enforcement of the judgment while you are working this dispute out over the deposit error.

Customer: replied 4 months ago.
Thanks for your response. You make a good point about the approach to the issues. Should I have an attorney before i file the complaint with the Comptroller of Currency? It says on the website that they will not address any matter that has been litigated or on the process of litigation. I don't believe the issues i have were part of the litigation, as the loans are paid every 90 days, so anything prior to the last 90 days would not have been addressed? What are your thoughts.....breach?Todd
Expert:  CalAttorney2 replied 4 months ago.

I would recommend retaining the attorney first. Your attorney will be able to assist you in both preparing your strategy (how and when to file your petition) as well as preparing the proper verbiage to make your petition to the administrative agency most effective.

As you have identified, the overlapping litigation issues can present potential for confusion, and you want to ensure that these are avoided, an attorney is the professional best suited to do this for you.

  • (Think of it as having one time to make a first impression - you get one chance to file your complaint (you may get opportunities to file additional documents, but you cannot "unfile" that first complaint, so you want to make sure that it does not contain language that is potentially damaging to you).

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