Legal Question in Credit and Debt Law in Pennsylvania

Hi

I've been with a bank for seven years. I deposit a check in my account for 14270.00 from my insurance company because my car was totaled with me and my husband name on it. The check cleared and I was utilizing my account. A couple of days later I decided to add my husband on to the account and a week later my account was on hold and I wasn't notified. I was in the market with a cart full of food when the clerk told me my card was declined. I called the bank and they told me that my account was frozen because of fraud. When I finally spoke with security they told me my husband owed 5900.00 and that was the reason my account was on hold. Keep in mind my entire account was on hold which was a total of 14,500.00. My entire account was on hold and I was left the weekend with no funds. I couldn't pay my mortgage and the bills that I previously paid through my account was returned and slapped with fees. I was then told to come in and open a new account without my husband on it and the money will be transferred over and I did. Again I was utilizing my new account. Well a week later it happened again and this time they are telling me because the check was written out in both our names they can take 5900.00, which is owe to them by my husband.

After I spoke to my husband he told me eight years ago he did time for bank fraud and is paying restitution every month. I called the bank back and she told me she needed to speak with his PO and the US court system to verify that he was paying. Well they spoke to both parties and paper work was sent over to them. At this time they still have my money on hold and are giving me the run around and the crazy part after paying restitution for some time he only owes 291.00. They have yet to give me any answers and they still have 5900.00 of my money frozen.

Do I have a case? I am stressed out and I have lost work going back and forth down to the bank and the court system. I have been humiliated in front of a contractor when I tried using my debit card for the second. I have late fees on bills that were paid and return because my account was frozen. Can you help me?


Asked on 3/16/10, 8:34 am

1 Answer from Attorneys

Solomon Weinstein Solomon Weinstein, Esquire

It sounds like there may be some legal recourse from the bank however matters such as these are quite involved and need to have all facts analyzed to see if the matter is within the parameters of a legal action based on bank regulations and lwa. I suggest you invest the time to sit down and speak with an attorney to further evaluate this situation.

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Answered on 3/21/10, 8:42 am


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