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Wells Fargo surreptitiously, and without authorization,

Wells Fargo surreptitiously, and...

Wells Fargo surreptitiously, and without authorization, deducted money from our Checking and Savings accounts, creating an overdraft in excess of $15000.00, BUT admits that they have no evidence to support the withdrawal. There is a "notation" on our account that alleges "someone" called into Wells Fargo and made a "telephone payment" in the amount of $30,821.02, but the payment caused our accounts to become overdrawn by over $15,000.00.

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

California

Lawyer's Assistant: What steps have you taken so far?

We've spent 4 arduous hours on the phone with 7 different representatives from Wells Fargo trying to encourage them to reverse their withdrawal from our Checking and Savings accounts. WE paid off our credit card, via a hand-delivered bank check , on Friday 3/16/2018, in the amount of $30,821.02 from the proceeds of a refinance of our mortgage. And eventhough we paid-off the Wells Fargo credit card on Friday, via check that cleared. Wells Fargo claims that "someone"called in a credit card payment, on 3/19/2018, in the amount of $30,821.02. But they don't have any record of "who" called in...nor of who accepted the call. But STILL THEY WITHDREW ALMIST $31K FROM OUR ACCOUNTS!

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'll fill in the blanks with the lawyer, as she/he asks questions. WE JUST WANT OUR MONEY BACK, PLUS COMPENSATION FOR DAMAGES.

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Answered in 5 minutes by:
3/20/2018
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 63,014
Experience: Licensed attorney helping individuals and businesses
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I can suggest some options. would you like that information? please let me know and i will put it together and respond shortly. You can wait or come back later when we email you that a reply is ready. Thanks for your patience. This is not the answer. just an opening question so I can better focus the answer and make it more helpful.
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Customer reply replied 4 months ago
What additional charges will apply for an answer?
if you get an automatic phone call request, you can accept it and a phone based law expert will handle. if you prefer to proceed by chat with me, just reply to the chat. some customers choose both, but the choice is yours! ThanksJust pay once for chat reply.Do you want to proceed?
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Customer reply replied 4 months ago
No. I don't want to switch to a phone call. I've never experienced this much, "run-around", with Just Answer, before. I usually, just receive an answer.
A lawyer letter from a local lawyer can be effective in several ways. It can avoid costly litigation and help bring about a settlement. It also helps organize the claim and if it goes to court shows the judge you tried in good faith to resolve it!By being prepared and pressing your claim, the other side should feel the pressure and consider the risk of losing and legal fees. That realization can help bring about a settlement!If you sue in court you may end up with a judgment. The judgment generally allows you to levy on bank accounts, lien real estate and work with the sheriff office civil enforcement division. Many lawsuits result in settlement - which expect the judge to encourage.You stand to recover not only your actual losses (compensatory damages) but also interest, costs and legal fees. on occasion special damages (punitive damages) are also available.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 4 months ago
Our bank, (Wells Fargo) has "arbitrarily" removed a huge amount of money from our account, and they ADMIT that they don't have anything documented that gave them any authorization to remove that money...YET...THEY ARE CLAIMING TO NEED MORE TIME TO "RESEARCH" THE MATTER. In the meantime, we have an overdraft in excess of $15,000.00 and no money in our Checking and Savings accounts! What can we do to impress upon them that it would be in their best interest to admit their mistake and return our money?
I just replied above with options.
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Awaiting your reply, thank you!If you have a follow up, just reply and ask me!
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Customer reply replied 4 months ago
This is UNACCEPTABLE for an answer! It just appears that you are fishing for more money. I ALREADY KNEW THAT I COULD CONTACT AN ATTORNEY TO START LITIGATION. I didn't wish to pay $60 for someone to tell me what is obvious, and what "could" be done for more money! I'd have to be an idiot not to already know that I have a case! I'm trying to AVOID litigation and get our money back NOW with something that I can do personally without an attorney.
Personally you can file pro se. You have a few options. Let me outline them. You can pursue a complaint in civil court. You may sue for losses suffered plus costs and interest. You can also file a complaint with the attorney general office. You can threaten these options before pursuing and use for leverage. local counsel can also get involved! A lawyer letter alone can often bring about a settlement as the other side realizes that you are serious and gets concerned about its risk and legal fees.You also may threaten the above.If you have a follow up, just reply and ask me!
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Customer reply replied 4 months ago
Much better. That's more along the lines of what I was looking for. Thank you, I'll pay you now.
Thank you. Please select the 5 star (*****) rating on your page for the answer. That’s how I get paid by the site. Much appreciated!
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 63,014
Experience: Licensed attorney helping individuals and businesses
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INFOLAWYER and 87 other Legal Specialists are ready to help you
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Customer reply replied 4 months ago
I have given you a review, plus 5-stars so that you can get paid. Thank you.
Much appreciated.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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