Temecula, CA asked in Consumer Law, Contracts, Personal Injury and Banking for California

Q: My checking account was cleared by the bank of nearly $9,000.00 for a debt that is not mine. The bank will not return $.

Debt belongs to ex husband. Debt was granted and incurred post divorce by 2 years. Divorced 2015, his alleged debt was applied for in 2017 and (per the ex) . Both myself and my ex have tried prior to this to remove his name from the account but WF gave us a terrible time and couldn’t figure it out. I am disabled and this caused logistical problems to remove his name As he lives over an hour and half away. I have a letter from the ex husband confirming the account is not his, the debt is not mine and he confirms the attempts we both made to have the account corrected since 2014. I physically went to the branch in 2018 to remove his name and ensure all accounts were properly titled after a non related online breach. The banker did not perform and left the ex husbands name on my account. A forensic accountant (or any layperson) can see that there was no activity from the ex on my account in over 7 years except for $62 in child support and one payment agreed to per the divorce decree.

2 Lawyer Answers
Yelena Gurevich
Yelena Gurevich
Answered
  • Consumer Law Lawyer
  • Studio City, CA
  • Licensed in California

A: You need to call and speak to a lawyer right away. This is not something you can resolve by posting on this forum. You will likely need to hire an attorney to have this resolved.

Aaron Michael Lloyd
Aaron Michael Lloyd
Answered
  • San Bernardino, CA
  • Licensed in California

A: Schedule a consultation with a lawyer asap. Depending when the bank took the money or placed a levy on the account, you may be able to still get the funds back. Call a lawyer asap.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.