Consumer complaint received 2018-01-13
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Problem with a lender or other company charging your account
Sub-issue: Transaction was not authorized

Complaint:
FACT : My name is XXXX XXXX. On XX/XX/XXXX, Bank of America withdrew {$4900.00} from my PERSONAL JOINT CHECKING account number : XXXX. This Personal joint checking account is in the name of me : XXXX XXXX and XXXX XXXX.

We called bank of America on XX/XX/XXXX and we were told that the {$4900.00} withdrawal from my PERSONAL JOINT CHECKING ACCOUNT was to setoff debt on a Company Credit Card belonging to XXXX XXXX XXXX, dba XXXX XXXX XXXX a Corporation, that had a business credit card. I, explained to Bank of America, XXXX XXXX that the Company was filed for Bankruptcy in XX/XX/XXXX and Terminated on XX/XX/XXXX. XXXX XXXX argued that Termination is not Dismissal. I explained that in bankruptcy law, " termination '' is synonymous with " dismissal. '' The termination of a case means the court closes it and sends out notices to everyone involved, and no longer will consider motions or other litigation on the part of debtor or creditors. They said they will get back with me and asked us to send the Court Documents with regard to the Bankruptcy. We fax all the documents to them.

VIOLATION : The Federal Bankruptcy Law ( 18 U.S.C. 362 ( a ) ( 6 ) ; In re XXXX, 382 B.R. 892, 899 ( Bankr. W.D.Pa. 2008 ) and Violation of Discharge Injunction, XXXX XXXX XXXX XXXX ( In re XXXX ), No. XXXX ( M.D. Ala. XX/XX/XXXX.

FACT : There were two account numbers for that business credit card. One for the statement and the other was on the credit card as follows : Statement Account No : XXXX Credit Account No : XXXX ( Both are for the same Credit Card ) This business credit card account was opened on XX/XX/XXXX, and the last payment was made in XX/XX/XXXX.

VIOLATION : Section 337 of California 's Code of Civil Procedure which establishes a four-year statute of limitations for most written contracts. Last Payment paid in XX/XX/XXXX.

FACT : Bank of America has withdrawn {$4900.00} from our Personal Checking Account to Setoff a Credit Card balance which belonged to a Bankrupt Corporation, Saeed Investments , Inc., dba Growth Management Company.

VIOLATION : Truth in Lending Act ( 15 U.S.C. 1666h ; Regulation Z of the Truth in Lending Act, 12 C.F.R. 226.12 ( d ) ) and Section 169 [ 1026.12 ( d ) -Regulation Z ], prohibits a bank from exercising its right of Setoff by taking a credit card holders deposit balances and offsetting them against the credit card holders indebtedness.

FACT : On XX/XX/XXXX, we received a call from XXXX XXXX XXXX ( direct telephone number is XXXX ) from Bank of America and she said that this matter was escalated to her department and if an attorney would write a letter and confirm the XXXX XXXX XXXX  bankruptcy, they will redeposit the money back to my personal checking account. Our attorney sent them a letter on XX/XX/XXXX, and gave them until XX/XX/XXXX, to respond in conjunction with the proof of Bankruptcy. Since XX/XX/XXXX, our attorney also left two telephone messages for XXXX XXXX. As of today 's date of XX/XX/XXXX, they have not responded to our attorney.

FACT : In Joint Account the bank can not Setoff a debt due from one person against the joint account. Also, the bank can not transfer money from the credit balance of a particular joint account in satisfaction of the debit balance of an individual account of one of the holders of the joint account.

VIOLATION : ( a ) In XXXX XXXX XXXX XXXX XXXX XXXX. Limited, XXXX  ( 54 ) L.T. 746., the following observation has been made : XXXX XXXX a separate debt can not be setoff against joint debt either at law, in equity or under the mutual credit clauses of the Bankruptcy Act. There is no authority for the bankers having a general lien in such a case as the present. '' ( b ) In XXXX XXXX XXXX XXXX XXXX. Ltd. v. XXXX XXXX, the bank had issued a fixed deposit receipt in favor of A and his wife B payable to either or survivor. When a suit was filed by B against the bank for the recovery of the deposit, the bank refused to give the money and asserted the lien on the money on the ground that A was severally indebted to the bank. This defense failed and the Court held that the bank could not appropriate the amount of the fixed deposit against the debt severally due from A either in law or in equity.

FACT : I am XXXX years old and a Social Security Recipient. My Social Security Checks are direct deposit to Chase bank and I transfer money to this joint account ( XXXX ). The money that Bank of America Setoff from our Joint Account was part of my Social Security income.

VIOLATION : Section 207 of the Social Security Act ( 42 USC 407 ) IN CONCLUSION : Bank of America committed all of the above violation of the laws. Despite of numerous attempt by us and provide them with all the necessary documents, they refuse to reimburse us our money. Bank of America is among the highest in the nation for the violation of the laws and regardless of how much fines they continuously paying, they refuse to behave in an honest manner. On XX/XX/XXXX CFPB issued a publication to the banks with the title of Institutions on Preventing Elder Financial Abuse and advise financial industries to prevent elderly abuse. Unfortunately Bank of America is the real predator and abuser.

I respectfully request and need your help to get my money back from Bank of America. Thank you for your time and consideration.

XXXX XXXX

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation