Merced, CA asked in Banking for California

Q: Bank of america paid a claim for unauthorized use of my edd card. Claim was started late 2020. The account was closed

By and they won't let me access my money. They are claiming that the state recommended it be closed. I called the state and verified it was not the state and even called the bank with the edd staff attempted to clear it up.

The bank is not willing to budge. My money is being held in limbo for 10 months now. Can you please help.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Business Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, banks have obligations to their customers, including providing access to funds unless there's a lawful reason for restricting access. If Bank of America is withholding your funds without adequate justification, you may have grounds to take legal action. Before resorting to litigation, it's advisable to send a formal written demand letter to the bank, outlining your grievances and requesting immediate release of your funds. Make sure to keep records of all correspondence and communication. If the issue remains unresolved, you might consider filing a complaint with the California Department of Financial Protection and Innovation. They oversee banks operating in California and may help mediate the dispute. If the matter still doesn't find resolution, consulting with an attorney to explore your legal options, including a potential lawsuit, would be prudent. Act swiftly to ensure you adhere to any applicable deadlines or statutes of limitations.

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