• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Suing Wells Fargo

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

DC78028

Junior Member
What is the name of your state (only U.S. law)? Texas

A few years ago, I inherited an IRA that was being handled by Wells Fargo Financial Advisers. I recently had to ask them to sell off part of the investment and send me the money so I could pay some bills that were piling up. I've done this a few times in the past, and I normally had them directly deposit it into my First Convenience Bank account. At the time, however, FCB was claiming I owed them money, which I was trying to fight. Because of that, I told Wells Fargo to send me a physical check in the mail. A couple weeks went by (it normally takes 5-10 business days to get the checks) and I received a statement in the mail from FCB saying I had a positive balance. It turns out WF directly deposited the account after I explicitly told them over a recorded phone line to send me a check in the mail. I'm still behind on my bills, my car's been deactivated until I can pay off the insurance for this month, and I'm most likely getting kicked out of my place for being too far behind on rent. All of this is because they couldn't follow one simple instruction.

I don't know how extraneous these details are, since my questions are these:
1.) How do I sue them in small claims court? I've never taken anybody to court, nor have I ever been taken to court
2.) Which county can I sue them in? They're based in Utah, and I'm in Texas. Can I sue them in my county since the faulty service has to do with my bank accounts, which are in my county?
3.) Do I sue their Financial Advisers office, or do I sue Wells Fargo in general?
4.) Are they allowed to defend themselves with an attorney in small claims? I remember reading that some states won't let them, though that was on the internet so I took it with a grain of salt
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? Texas

A few years ago, I inherited an IRA that was being handled by Wells Fargo Financial Advisers. I recently had to ask them to sell off part of the investment and send me the money so I could pay some bills that were piling up. I've done this a few times in the past, and I normally had them directly deposit it into my First Convenience Bank account. At the time, however, FCB was claiming I owed them money, which I was trying to fight. Because of that, I told Wells Fargo to send me a physical check in the mail. A couple weeks went by (it normally takes 5-10 business days to get the checks) and I received a statement in the mail from FCB saying I had a positive balance. It turns out WF directly deposited the account after I explicitly told them over a recorded phone line to send me a check in the mail. I'm still behind on my bills, my car's been deactivated until I can pay off the insurance for this month, and I'm most likely getting kicked out of my place for being too far behind on rent. All of this is because they couldn't follow one simple instruction.

I don't know how extraneous these details are, since my questions are these:
1.) How do I sue them in small claims court? I've never taken anybody to court, nor have I ever been taken to court
2.) Which county can I sue them in? They're based in Utah, and I'm in Texas. Can I sue them in my county since the faulty service has to do with my bank accounts, which are in my county?
3.) Do I sue their Financial Advisers office, or do I sue Wells Fargo in general?
4.) Are they allowed to defend themselves with an attorney in small claims? I remember reading that some states won't let them, though that was on the internet so I took it with a grain of salt
Good luck with that, especially since funds went to the account where they had been instructed to use before. In fact they probably have your signed authorization to do so. It is not their fault you owe the other bank money.

I don't see you having a legal issue with WF here.
 

DC78028

Junior Member
I don't see how it's THEIR choice whether I pay FCB or not. I told them to send a physical check, which is an option with them. They didn't provide the proper service I requested, and I'm out money because of it. I was TRYING to fight First Convenience Bank about the negative balance, but because WF decided to go against what I instructed them to do, I'm screwed in that reguard.
 

Antigone*

Senior Member
I don't see how it's THEIR choice whether I pay FCB or not. I told them to send a physical check, which is an option with them. They didn't provide the proper service I requested, and I'm out money because of it. I was TRYING to fight First Convenience Bank about the negative balance, but because WF decided to go against what I instructed them to do, I'm screwed in that reguard.
How you manage your money with your other bank is not WF's problem, that is completely your issue. Again there is nothing wrong with what Wells did, especially since they would provide any judge a copy of your signed authorization to credit that specific account.
 

Banned_Princess

Senior Member
I don't see how it's THEIR choice whether I pay FCB or not. I told them to send a physical check, which is an option with them. They didn't provide the proper service I requested, and I'm out money because of it. I was TRYING to fight First Convenience Bank about the negative balance, but because WF decided to go against what I instructed them to do, I'm screwed in that reguard.
You might as well get used to the screwing, because there is no way on gods green and blue earth you will EVER successfully sue WF.

You should keep up your complaint with the bank you owed money to, maybe they will retract what you probably do owe them (yea, just maybe) and they will give you the payment back.

Don't go around trying to screw banks, then get all high and mighty when you get burned.:rolleyes:
 

Banned_Princess

Senior Member
You might as well get used to the screwing, because there is no way on gods green and blue earth you will EVER successfully sue WF.

You should keep up your complaint with the bank you owed money to, maybe they will retract what you probably do owe them (yea, just maybe) and they will give you the payment back.

Don't go around trying to screw banks, then get all high and mighty when you get burned.:rolleyes:
Actually more like cry baby.
 

Antigone*

Senior Member
You might as well get used to the screwing, because there is no way on gods green and blue earth you will EVER successfully sue WF.

You should keep up your complaint with the bank you owed money to, maybe they will retract what you probably do owe them (yea, just maybe) and they will give you the payment back.

Don't go around trying to screw banks, then get all high and mighty when you get burned.:rolleyes:

I was about to give you props and then you said the bolded:confused:
 

DC78028

Junior Member
You might as well get used to the screwing, because there is no way on gods green and blue earth you will EVER successfully sue WF.

You should keep up your complaint with the bank you owed money to, maybe they will retract what you probably do owe them (yea, just maybe) and they will give you the payment back.

Don't go around trying to screw banks, then get all high and mighty when you get burned.:rolleyes:
I've already gone that route with the other bank. They pretty much told me there's no way I'll get my money back. Before Wells Fargo messed up, I had a chance of getting those payments retracted. Wells Fargo even requested the money be sent back to them, and all that did was net me a NSF (non-sufficient funds) charge of about $34. WF even admitted over a recorded phone line (each phone call I make with them is recorded) that THEY made a mistake. Their mistake is why I'm out some money; how are they not liable?
 

Banned_Princess

Senior Member
I am holding the FA chrystal ball in this instance. the issue is he over drafted, and tried to pull that "I didn't authorize that debit" BS, and the bank wants the over draft amount, and fee's, and OP does NOT want to pay them.

So he figures, he will just get his income in a paper check and let the bank account close and never have to pay them.

Don't worry OP, if you hadn't paid the bank, you would have gotten your day in court. (or mediation)
 

DC78028

Junior Member
I am holding the FA chrystal ball in this instance. the issue is he over drafted, and tried to pull that "I didn't authorize that debit" BS, and the bank wants the over draft amount, and fee's, and OP does NOT want to pay them.

So he figures, he will just get his income in a paper check and let the bank account close and never have to pay them.

Don't worry OP, if you hadn't paid the bank, you would have gotten your day in court. (or mediation)
You're wrong. Even if you were right, that doesn't give WF the right to force me to pay anything. The debits I was trying to fight were based in Amarillo, TX, a place I've never been to in my life. Perhaps someone can answer my questions at the bottom of the OP?
 

Banned_Princess

Senior Member
I've already gone that route with the other bank. They pretty much told me there's no way I'll get my money back. Before Wells Fargo messed up, I had a chance of getting those payments retracted. Wells Fargo even requested the money be sent back to them, and all that did was net me a NSF (non-sufficient funds) charge of about $34. WF even admitted over a recorded phone line (each phone call I make with them is recorded) that THEY made a mistake. Their mistake is why I'm out some money; how are they not liable?
They are just not. get over it. there is no legal issue here.
 

tranquility

Senior Member
Here's the OP's problem, he wasn't hurt by Wells Fargo's action. Wells Fargo may not have followed instructions. Because the failure did not result in a loss, even if sued and lost, all the OP could hope for is nominal damages. (Often, a dollar.) I understand the OP feels he has damages because he was expecting a certain amount of money to spend and only actually has a lesser amount of money to spend. That is not damages. He asked for a certain amount and got that amount. That a legitimate debt was paid by the money from the bank, does not equal damages.
 

Antigone*

Senior Member
The full amount of what the OP requested was sent to an account owned and managed by the OP. Whatever financial loss the OP suffered was by his hand and not Wells Fargo's.

As I said in the beginning and will now - too bad so sad.:cool:
 
W

Willlyjo

Guest
What is the name of your state (only U.S. law)? Texas

A few years ago, I inherited an IRA that was being handled by Wells Fargo Financial Advisers. I recently had to ask them to sell off part of the investment and send me the money so I could pay some bills that were piling up. I've done this a few times in the past, and I normally had them directly deposit it into my First Convenience Bank account. At the time, however, FCB was claiming I owed them money, which I was trying to fight. Because of that, I told Wells Fargo to send me a physical check in the mail. A couple weeks went by (it normally takes 5-10 business days to get the checks) and I received a statement in the mail from FCB saying I had a positive balance. It turns out WF directly deposited the account after I explicitly told them over a recorded phone line to send me a check in the mail. I'm still behind on my bills, my car's been deactivated until I can pay off the insurance for this month, and I'm most likely getting kicked out of my place for being too far behind on rent. All of this is because they couldn't follow one simple instruction.

I don't know how extraneous these details are, since my questions are these:
1.) How do I sue them in small claims court? I've never taken anybody to court, nor have I ever been taken to court
2.) Which county can I sue them in? They're based in Utah, and I'm in Texas. Can I sue them in my county since the faulty service has to do with my bank accounts, which are in my county?
3.) Do I sue their Financial Advisers office, or do I sue Wells Fargo in general?
4.) Are they allowed to defend themselves with an attorney in small claims? I remember reading that some states won't let them, though that was on the internet so I took it with a grain of salt
If you can show any kind of documentation (ie: recording of a phone coversation instructing WF to send you a check or any type of written documentation that suggests such instructions, you would have a good case in which to recover your damages. However, I don't believe you have such documentation so I think you are going to have to deal with your loss. Sorry.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top