Legal Question in Credit and Debt Law in Maryland

creditor says I paid off loan, but bank says they didn't take funds

I paid off a loan from Wells Fargo Financial. Wells Fargo says they received the funds, but the funds do not show as coming out of my checking account (did a check by phone payment). The bank where the checking account is located says there have been no funds taken from my account for wells fargo and no attempt has been made either. Wells Fargo says they are mailing me a letter stating that my account is paid off. I just want the funds to clear, but at what point do I just add the dollar amount back into my checking account?


Asked on 10/04/04, 3:43 pm

1 Answer from Attorneys

Alan Albin Alan S. Albin, Attorney at Law

Re: creditor says I paid off loan, but bank says they didn't take funds

You don't.

If Wells Fargo is telling you they did receive the funds, and is sending you a pay-off statement, then obviously your bank has simply made some kind of an error in properly debiting your account.

You can't "add" the funds "back into [your] account" because there's nothing for you to add. You've paid that money to Wells Fargo, and therefore, it's not yours anymore.

If by some chance Wells Fargo advises you that they have not received the funds, that's a different story.

You don't get to use the same money twice, even if your bank made a mistake.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 10/05/04, 10:08 am


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