North East, MD asked in Contracts, Banking and Civil Litigation for California

Q: If a bank refuses to close your account and send you your money, what are your options?

Ideally I'd like to convert the deposit into an at-will direct loan with an inflated fixed-rate until they decide to end it by sending me the balance.

The goal is to get my money that is currently stuck earning an abysmal 0.05% APR into a vehicle generating significantly greater returns. But I need to get it first, or find a way to tell the bank they're paying the big interest on it now.

In case it is relevant, the account was set up for me as a Minor due to an injury settlement. My father is the custodian of the account. We will be sending a joint letter in a few days, and would also like to put the bank on notice in case they decide to do something shady again like telling me I'm the one who needs to send a letter while having notes it must be my father due to the court order.

The bank is in California.

I currently live in Maryland.

Thank you for your swift response(s).

1 Lawyer Answer
James L. Arrasmith
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Answered

A: If a bank refuses to close your account and release your funds, you have several options to consider. First, make sure you have fulfilled all requirements needed to close the account, including any necessary signatures from both you and your father as the custodian. You can escalate the issue by sending a formal demand letter to the bank, outlining your request to close the account and withdraw the funds, emphasizing that any delays are unacceptable.

If the bank still refuses, you may consider filing a complaint with the Consumer Financial Protection Bureau (CFPB) or your state’s financial regulator. These agencies can investigate your complaint and put pressure on the bank to comply with your request. Additionally, you could consult with an attorney who can assist in sending a legal demand or exploring further action against the bank for withholding your funds.

Converting your deposit into a high-interest vehicle by force would be challenging, as this is not something you can impose unilaterally on the bank. However, your immediate priority is to ensure they release your funds; once you have control of the money, you can explore better investment opportunities. Make sure your communication with the bank is clear, documented, and keeps them accountable for any further delays or complications.

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