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Dwayne B.
Dwayne B., Attorney
Category: Legal
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Experience:  Began practicing law in 1992
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I have an issue with BofA. My granddaughter had a fraud

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I have an issue with BofA. My granddaughter had a fraud committed against her account, and because my daughter was on all three of our accounts, they took the funds from me. Over $8,400. It was a fraudulent check, my granddaughter did not know of it until they took all the money out. BofA will not return my funds in spite of our repeated signed statements that this was not committed by us nor were any of the transactions approved by us. I am looking for an attorney to pursue the case.
JA: Because consumer protection law varies from place to place, can you tell me what state this is in?
Customer: It occurred in GA, I live in WI. My daughter and granddaughter live in Lawrenceville GA, and I was going to retire there in 2018
JA: Has anything been filed or reported?
Customer: Yes, I have been there in their offices and we have sent certified letters to the back, last one was sent to the Vice President of Retail Banking.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, if you think this is sufficient, that is what I have for now.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

The experts aren't actually available to be hired by customers of the website. From reading your facts I'm not sure if you are wanting to hire someone or if you have questions you want to ask.

Is there a specific question with which I could assist?

Customer: replied 8 months ago.
I would like to obtain both advice and if possible hire an attorney to assist with this matter.
So the question: 2013 I open a BofA account, I am retiring in 2018. I put a total of over $11K into the account for a down payment for a house in GA. (I live in WI) When I opened the account, I specifically asked to have my daughter as co signer, they made her co owner. She is also on my Granddaughters account, opened when she was a minor. (Now 21). My granddaughter had her purse stolen with all ID. Someone took the information from her purse, deposited over $8K in fraudulent checks. BofA flagged the checks as suspicious but allowed the criminal to withdraw ALL of the funds before a check could clear or be returned. Because my daughters name was on all three accounts, they took the money from me. I lost the funds that were to be used for my house payment. I had put in an offer on a house at***** Lawrenceville. Now that house is listed at $20+K higher and I still have not received my funds back. BofA claims the granddaughter gave permission to the criminal, we have signed certified mail indicating she DID NOT. No matter what we say, they deny us. I have demanded proof from them and they refuse to give it to me because I am not the person who the fraud was committed against. They also have not given the information to either my daughter or granddaughter. I have all documentation to date for this matter. I hope this is sufficient information . . . Thanks,Ryan

I can provide information, and point you to where to find a lawyer but you have to wait until you hire them to actually get legal "advice" because that requires an attorney client privilege.

It is a good amount of facts and clearly points toward the type of lawyer you need.

You can find a lawyer to assist you by going to www.lawyers.com and in the section for Area of Practice enter Civil Litigation or Consumer Law. Either of those will have the skill set you need.

However, I still don't see a specific question on there. I can tell you that this is typical bank behavior which I have seen repeatedly. There is a shorter amount of time to pursue a bank under the statutes (and with the easier burden of proof) than pursuing "regular people". So banks are inclined to stall, delay and do everything they can not to pay. The facts you gave make it pretty clear that the bank is at fault and owes you reimbursement but you need to move quickly to sue them. The amount of time varies depending on the specific causes of action and that's a matter for you to discuss with your lawyer as soon as possible.

Customer: replied 8 months ago.
Would you be able to provide me with the Statutes that apply here? I work closely here in WI in the IT field and serve the law enforcement arena. I am specifically curious if this is a regular tactic that they use to get away with lessening their risk, and is there a relatively good chance that a suit brought against the bank would be valid. Would my certified letters sent to them, and the forms that we have submitted, to date cause a continuance of the time period? The event happened on or about May 30, 2015
What is the statue of limitations on this type of event before one loses ability to sue?
Customer: replied 8 months ago.
because of the loss of the $8.4K in funds on that date, I lost my bid on a house I was trying to obtain. As a result of this action, I am now 1.5 years behind in my goal of getting a house, and now with the changes in real estate value, it will cost me at a minimum $30+K to get another place, and I have lost all that time that I could have been refurbishing the house I was bidding on. Can these damages/losses be included in a suit of this type of case?

No, the website requires that work such as research be asked in a separate question and the expert then submits an "additional services" amount. In your case it will probably be a pretty expensive research progress because the legal databases are expensive per hour and then you have the expert's time added on there. I don't offer the additional services but a number of experts here do. However, the lawyer you hire to sue the bank is going to do the research anyway so I'd suggest just saving your money on that.

As to the statute of limitations it is at least 4 years for a breach of contract and can be 6 for a breach of a written contract (and most bank accounts would fall under the written contract). However, there are other statutes specifically directed at banks where the time limits can be as short as sixty days.

Writing letters and contacting the bank does not give you more time (known as "tolling the statute").

So you will definitely have one cause of action and there could be more.

As to the damages, I think that classification of damages is recoverable but it will take some work to set up the evidence to prove the amount. That's not a particularly hard thing to do, it just takes some thought.

Dwayne B. and 6 other Legal Specialists are ready to help you
Customer: replied 8 months ago.
I apologize for the 3 star rating, I think I should have asked the questions better and more accurately to the situation, and I should have done so when I was not at work somewhat distracted . . . I am going to pursue the matter more. (I work in Public Safety Administration - IT Services for our 911 center, Jail, County Sheriff's Office.)

Thanks for issuing your positive rating.

I am actually offline this evening and just stopped by the computer to check and see if anyone was looking for me.

If you need me to clear something up, please let me know. I understand the part about being distracted but it's our intent to make sure that the answers are clear and the customer understand so feel free to ask a follow up if you need to clear something up. I will see it and answer it in the morning.

Also, if you decide you want to change the rating to more stars (which is entirely up to you) I would let the moderators know. I don't know if they can change it but I can ask if you decide you want me to.

Customer: replied 8 months ago.
Thanks. In short, BofA has taken funds from my account to cover their loss from my granddaughters account. They have chosen to not provide me with any proof why they can't, they refuse to give me any audio, video, paperwork, or otherwise to justify their taking it. The only excuse they provide is that my daughter was on both accounts and thus they are entitled to take the funds to recover their loss and reduce their risk. They said that they provided the funds to the criminal prior to the fake checks clearing because "they try to please the customer by making funds available as soon as possible when a check is deposited" (their words). They keep claiming they cannot provide me information because the claim is against my granddaughters account, which my daughter is on. When they were given permission to talk to me a reveal information, I asked pointed questions to determine their actions and steps taken in how they handled the matter. The person I was talking to began to get defensive when I determined that there were several instances where they failed to take appropriate steps to verify either the checks themselves or the verifications of the person(s) who called and made the changes to the account. The more I identified the failures procedurally, and as I did so she became defensive and said they could do what they did to recover their loss. If I wanted any proof I would have to file a subpoena to get the information. I advised her that it was her responsibility to provide the proof to me to justify their actions, we had already provided our documentation that we did not have any part in any of the actions that the criminal took to steal the funds from the account using the flaws in the BofA banking procedures
I could continue fighting them by myself, but my real question is, what would be the best course to proceed? I can file a second certified letter to the Vice President of Retail Banking of BofA, would that be the best thing to do? Or Using www.helpwithmybank.com and filing a claim? Hiring an attorney to file the claim for me and working the case? Can a Wisconsin attorney file a lawsuit here rather than in GA, considering I live here? (Identifying which action would be a best suggestion would be fine.)
Sorry for so many questions . . . but this is a tough one for me. If it is beyond the scope of this site, just let me know.
Thanks,
Ryan

Your best bet is to get an attorney to send them a letter at this point. Banks are notorious for delaying an making you miss important dates or getting past a time when their system purges data and so they can't provide anything.

A GA attorney would be best. You will quadruple your fees, at least, if you use an attorney from another state plus a GA bank isn't going to take a WI attorney seriously because they won't think they will be filing a lawsuit and so they don't have anything to fear from them.

The lawyer's letter may get results, depending on if that bank uses a litigation section or just allows the local bank to handle issues. If they use a litigation section then their lawyer will recognize the issues and try to get the matter resolved as quickly and cheaply as possible.

A bank is actually not under an obligation to provide much information to you until the lawsuit is filed but once that is done you can get anything you need.

I am going to be traveling and overseas for the next couple of weeks but will be checking in regularly (will try to every day) so if it takes a while for me to get back to you that's why.