Consumer complaint received 2020-01-14
Company: WELLS FARGO & COMPANY
State: PA
Product: Debt collection
Sub-product: I do not know
Issue: False statements or representation
Sub-issue: Told you not to respond to a lawsuit they filed against you

Complaint:
Note, the complaint form forced me to choose reasons for my complaint, although none quite captured the nature of my complaint. 

My complaint is in regards to a judgment I was awarded against a defendant ( a corporation ) that banks with Wells Fargo. I paid money to the corporation, XXXX XXXX XXXX, and after services were not completed, I sued the business and XXXX County awarded me a judgment against the business. The original check that the corporation deposited proves the business banks with Wells Fargo. I am a customer of Wells Fargo, and physically went into the branch to confirm which institution deposited the check. The back of my check indicated that Wells Fargo was the depositing bank. 

Unfortunately, the corporation has chosen not to pay me the judgment amount, so I paid {$120.00} to XXXX County to file a writ of execution for bank levy. The sheriff of XXXX County issued the writ to Wells Fargo on XX/XX/XXXX. The judgment amount is {$6600.00}. I also personally dropped off the interrogatory that Wells Fargo has a legal obligation to complete. I still have not received the response. 

I called Wells Fargo toward the beginning of XX/XX/XXXX to inquire about the status of the bank levy request. The first person I spoke with from their legal processing unit ( at the number XXXX ) informed me that the response came back as " account closed. '' Upon seeking further information, the legal processing unit would not provide further information to me. I decided to wait a bit longer to see if the interrogatory showed up in the mail. I called again today, XX/XX/XXXX, as I still have not received the response by mail. This time, the legal processing unit informed me that the response showing on their file is " account not found ''. They said that this indicates that I did not supply them with the correct legal name to identify the business entity. I asked them if they searched by address as well, which was provided, but they insisted that only the name on EIN could be used. I do not have access to the EIN, and they let me know that if I do find the EIN, I would need to start the process all over and pay another {$120.00} to reissue the writ of execution. They did say a letter was sent on XX/XX/XXXX as well as another letter being sent today XXXX XX/XX/XXXX XXXX, but I have not received either yet and still have concerns about their response, as I dont see it as valid or sufficient. I also do not understand why their legal processing unit is giving me conflicting responses to the bank levy ( " account closed '' vs. " account not found '' ).

At this point, I have concerns that Wells Fargo has not fulfilled their legal obligation to uphold the remedies allowed in order for me to collect this judgment amount, and has made it much more difficult for me to collect a debt that is legally owed to me. The sheriff of XXXX County sends an affidavit to both the plaintiff and defendant once the writ of execution is served, so at this point the business is likely aware that I attempted to levy the account they maintained with Wells Fargo. If there were funds in the account, they are likely no longer available. 

I also want to point on that I feel confident there is no error in the entity name or address that was on the court judgment and bank levy documentation. I actually went through extra efforts with the court to have the original judgment caption amended to the correct legal entity name, as the filing clerk mis-entered it in the original filing of the case ( attached approved petition to amend the caption ). The check I originally wrote was written out to " XXXX XXXX XXXX '', and deposited in XXXX of XXXX. The back of the check, which I attached to this complaint, confirms that it was deposited to Wells Fargo per a physical conversation I had at the XXXX XXXX XXXX branch in XXXX in late XX/XX/XXXX just a few days before the sheriff issued the writ of execution. The banker there authorized my account and made a call to the Wells Fargo back office to confirm which institution deposited the check, so there should even be a record of this interaction if needed. The legal entity of the business incorporated in Pennsylvania is XXXX XXXX XXXX with an address of XXXX XXXX XXXX XXXX, XXXX, PA XXXX. I am attaching a screenshot of the business entity name and address as it appears in the PA Corporate Search website. This is exactly how the name is written on the court ordered judgment and bank levy. I have no idea why Wells Fargo is unable to locate the account of an entity that asked me to write the check to XXXX XXXX XXXX, who also formed its legal entity in Pennsylvania under this same name and address. Furthermore, for a matter as serious as this one, I find it hard to believe that Wells Fargo is not able to search by the address at XXXX XXXX XXXX XXXX, XXXX, PA XXXX in order to verify the exact name of the entity that does business there. I also find it completely unfair that Wells Fargo can not take further information in order to locate the account. They seem content to tell me to just go try again with the sheriff. I am able to provide the deposited check ( which again I have attached here ) and asked them to search by address, but their only response was to insist that Ill need to file all over again with the sheriff.

At this point, I am not confident that Wells Fargo will fulfill their legal obligation to search their client records for the entity that I have a legal right to levy. I am turning to the CFPB in the complaint as I feel I need assistance and protection from the stonewalling I have faced so far with the Wells Fargo legal processing unit.

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