Legal Question in Business Law in California

A bank said I need something from court saying I had nothing to do with the circumstances that occured from a small claims lawsuit. The case was filed in Vista Ca. M company is near Santa Ana Court in Orange County, CA. My company is in meat wholesale. A restaurant owed us 1040.00 A person who was trying to associate themselves with me and my company, sued the restaurant for non-pay and in court papers said to mail the money to my company. This same person went back into court and filed an ammended claim directing the money to go to him. When the check arrived it was made out to my company. I deposited it in my brand new Wells Fargo business chkg. account after the WF teller said there was no hold on the check. The check didn't clear as I found out from the restaurant this other person who filed the ammended claim told the restaurant to put a stop pmt. on the check and mail the money to him instead. My bank closed my account even though I paid them the amount of the stopped pymt. check. I don't owe the bank any money. WF said I have to clear my name with the court. Where do I go to do this? Thanks!

Asked on 3/28/13, 9:46 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Neiter the court itself (?), nor its judges or clerks, has the power or authority to write you a note saying that you had nothing to do with the circumstances of a lawsuit. How the heck are they gonna know? Lots of lawsuits don't name everyone involved, either as defendants or plaintiffs or nonparties who nonetheless are involved in the action in some way or another. I think there are two possible ways to handle this. One is to discuss the bank's needs with a more senior bank officer, and get a clear understanding, preferably in writing, of precisely what they expect you to get. The other way is to take your business to another bank.

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Answered on 3/28/13, 10:59 am

Anthony Roach Law Office of Anthony A. Roach

I don't agree that you had nothing to do with the circumstances when you received a check for a lawsuit that you claimed you did not file and deposited into an account that you admit you opened. I'm as suspicious of you with this story as Wells Fargo is of you.

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Answered on 3/29/13, 9:10 am

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