Consumer complaint received 2017-08-27
Company: WELLS FARGO & COMPANY
State: SC
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
I would like to lodge a complaint against Wells Fargo regarding my husbands credit card that was in default. My husbands name was on my bank account and Wells Fargo used the right of set-off to come in and completely wipe out my accounts. They took {$5000.00} from my accounts leaving me with {$100.00} in my checking account and {$1.00} in my savings account. When they did this they violated XXXX XXXX Code of Laws regarding debt collection and I would like my money returned. 
I have been with Wells Fargo 27 years. My husbands accounts and auto loans are at his credit union in XXXX. I put my husbands name on my bank account when we moved to the XXXX area in XX/XX/XXXX when I began law school so he could take care of bill paying. He still continued to bank with his credit union in XXXX. In XX/XX/XXXX, when I graduated, I was unable to find work, finances were tight, Wells offered my husband a credit card and he accepted and maxed it, they then raised his limit from {$8000.00} to {$10000.00} without notifying him, the late fees and missed payment fees pushed it up to {$10000.00}. By the time I learned he had a card he was in default. I called on his behalf ( the card was never in my name ) and tried to make payment arrangements. We were never offered lowered interest or a grace period or any of the options listed on Wells Fargo website. The only option we were given was on XX/XX/XXXX to pay {$870.00} a month until it was caught up, which was completely unrealistic with our income. 
Because they were unwilling to work with us, we engaged debt consolidation attorneys, XXXX XXXX XXXX. We paid them {$190.00} a month. {$150.00} was their fee and {$140.00} went into an escrow account for the day when they would be able to work out some sort of agreement with Wells Fargo. We were told Wells was completely unresponsive. On XX/XX/XXXX, even though we were represented by counsel, we received notice from attorneys XXXX XXXX XXXX now had our account and would be pursuing collections. We let our attorneys know, and heard nothing further. XXXX continued to tell me that Wells Fargo was unwilling to work with them and was completely unresponsive. On XX/XX/XXXX I called XXXX XXXX XXXX who were working on behalf of Wells Fargo and told them that every month money was going into an account and it really should just be going towards Wells, wasnt there something we could do. They said XXXX was lying and that theyd be more than happy to work with us. They needed my husband to call, yet again, to give permission for me to speak with them, because I wasnt on the debt. On XX/XX/XXXX we ended our relationship with XXXX XXXX XXXX and chose to work with Wells Fargo directly, and on XX/XX/XXXX Wells Fargo received a Default Judgment. Unbeknown to anyone, including our attorneys, XXXX XXXX XXXX had filed a motion. We never heard anything about Alternative Dispute Resolution, which, as of XX/XX/XXXX is mandatory in all counties in XXXX XXXX, and we definitely didnt have our day in court. So when Wells told me theyd be happy to work with me, and I naively severed my relationship with our attorneys, Wells Fargo already knew all that. And then there was silence from Wells Fargo. We didnt have money to pay the judgment and we assumed eventually we would hear from them. 
A full year later, XX/XX/XXXX, Saturday XX/XX/XXXX weekend, Wells Fargo emptied my accounts and left {$100.00} in the checking account and {$1.00} in the savings. My husband hadnt been working for months, that was all my paychecks. He still retained his accounts in XXXX, those were my accounts, but he was co-signer. The {$1900.00} was the money for the rent and the utilities bills, and groceries, and gas for the car to get to work. It was beyond a financial hardship. I had to borrow money from my mother just to get the rent paid. The {$3000.00} they took from my savings account was money that I had saved and saved so that I could take the XXXX XXXX   bar exam. Since I had XXXX from XXXX XXXX, we had never been in a position where we could afford the {$1000.00} XXXX  exam, the {$1800.00} study program, the time I would have to take off work, and all the copies of records and transcripts. But I finally had it and was literally sending that money to the XXXX  the following week when XXXX application period opened. I called the number I was given and they wouldnt talk to me about the money they took from my account, because it wasnt my debt. My husband called, gave permission for me to talk to them, they said too bad, I said I was going to talk to an attorney, they said that was a good idea because my husband still owed over {$6000.00}. 
The attorneys all told me that Wells Fargo couldnt do that, it was illegal in XXXX XXXX, There were very strict rules about collections, individuals were not allowed to garnish wages, there were rules about bank accounts too. But they all wanted money up front to go to court, which I didnt have. But I do have a XXXX and I put that to work, and while I was going through possible violations of the Responsible Lending Act and the Fair Debt Collections Practices Act, which Wells Fargo violated, I found the XXXX XXXX Code of Law Section 15-41-30 ( A ) ( 5 ) Property exempt from attachment, levy, and sale. 
The following personal and real property of a debtor domiciled in this State is exempt from attachment, levy, and sale under any mesne or bankruptcy proceeding : 5. The debtors aggregate interest in cash and other liquid assets to the extent of a value not exceeding five thousand dollars except that this exemption is only available to an individual who does not claim a homestead exemption. 
Wells Fargo took {$5000.00} from my accounts. I would like {$4900.00} returned to the only Wells Fargo account I did not close. The account ending in XXXX had possible fraud on it and was closed with a new account, XXXX, being opened to replace it.

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