Posts by Zachary Sanders

Andrew Barrett4 said:I don't really follow
because he isn't the one actually holding the cash
it's the person whose account the garnishment was actually applied to🤷

they would likely have to prove he's the one in actual possession of those funds
which, I guess, might be a bit harder to prove

$500 He holds them right now because they’re sitting in his account. However, that $1,500 now belongs to the creditor, who acted in good faith believing the funds were his actual property. In reality, he was just holding them.
It’s actually quite simple to prove that he just holds the assets without owning them. A single bank statement from JPMorgan Chase settles it. 😁

I just finished reviewing my new account agreement from JPMorgan Chase. There’s a clause in there that gives the bank the right to correct entries. It was buried in the fine print, but it’s definitely there.😁

I get where this guy is coming from; I wouldn't want to be in his shoes either. Generally speaking, bank contracts are written to favor the institution rather than the customer. Any legal battle he pursues would likely end up working against him. On the other hand, launching an action against both the bank and the employee could work in his favor, but that’s really just a question of how much time and money he wants to burn. Honestly, the easiest way out is to just sit down and reach a settlement with the bank and the representative.

If JPMorgan Chase tries to wash their hands of this while the teller keeps insisting on payment, I’m filing a lawsuit. A bank has every right to fix an entry if it doesn't hurt the client, but since this correction caused me actual problems, I believe it needs to be handled differently.

BringitbackI'm guessing you might be short on cash for a lawyer or legal counsel, so I’d suggest checking out this legal PDF or sticking to this forum. I can't access that specific link right now. If you have the text from the forum you want me to rewrite, just paste it here and I'll get to work on it. You'll definitely find the best answer right here.

Andrew Barrett4 said:They actually can sue you,
but honestly, it probably isn't worth their time given the amount isn't massive—they'd likely spend more on legal fees and man-hours than they'd ever recover.
Plus, it wasn't your fault, so they might just end up losing the case anyway.

But you have things to lose too:
you could have them try to collect by force, which leaves you having to sue them back, but you probably don't have the cash for that.
Or, they could tank your credit score (if you actually care about that sort of thing) or whatever the technical term is.
Then there's the chance you take a stand, lose the dispute, and end up stuck paying their legal costs on top of everything else.
It's a lot of stress and wasted time.

I suspect it’s in your best interest to reach some kind of settlement.
That doesn't mean you can't give them a little bit of a hard time first.😉

..............

If you want to cover your bases, why not send them a formal letter of intent?
In it, explain the situation from your perspective, how their actions led to this mess, and the specific damage they're causing you.
To show how serious things are, mention that garnishment that already wiped out your funds.

Then, state clearly that you intend to pay them back, and as proof of good faith, return the portion that hasn't been seized yet immediately.
For the rest, tell them you need to negotiate a payment plan because paying it all at once would drop you below the poverty line.

Make it clear you aren't responsible for the teller's mistakes and that you refuse to shoulder the burden or the costs resulting from her error.

Send the whole thing via certified mail.
With a return receipt included.

Then just wait to see how they respond (while you go ahead and return that $1,500 in the meantime).

They can't lose the case.😁 Basically, if someone holds property that doesn't belong to them, they have to return it. It isn't about who messed up; it's about who has the funds. Legally, the money has to be returned. Of course, Chase has protected itself here, leaving the staff and the recovery team to sort out the mess.

In short, if they won't return the money voluntarily, they don't have to. A court will force them, but I think the damages would just outweigh the recovery.

On the flip side, the individual could actually sue the employee for things like emotional distress caused by her mistake and the resulting financial hardship. These are two separate issues. He would win in that scenario too. However, in both instances, the legal costs far exceed the $1000, making any gain negligible. It’s best to settle this quietly.

Andrew Barrett4 said:But he was already at the bank, and they were trying to force a settlement on him that would’ve just screwed him over further.
I wouldn't have gone for that either.

If I were in his shoes, I would've taken the deal I mentioned above.
Take the $1,500 upfront, spread the rest out, and make sure there are zero extra fees or interest involved since this isn't even his fault.
If they don't want to play ball, let them sue him.

I'd never just walk away from a refund that's sitting there waiting for me.
But I suppose it depends on how you handle it.

Yeah, that’s how things should be handled to get this sorted out. So, $500 Return the funds to the account immediately, then settle the remaining balance as agreed with the representative.

No, by law, that money has to be returned. The only way this ends well is if the clerk covers the mistake out of her own pocket to avoid suing our hero. 😁

Finding something on the street doesn't mean you own it; it just means you have possession of it. The actual owner is whoever lost it, and if you find stolen property, you're obligated to return it. There’s a clear line between an honest possessor and a dishonest one. An honest person is someone who had no way of knowing they didn't have the right to hold onto the item. A dishonest person is someone who knows, or should have known, that the property isn't theirs.

That puts you firmly in the dishonest category. You know that money isn't yours, and Bank of America has already notified you about the error. You need to pay it back. While the bank might not sue you, an individual employee could potentially file a private suit. As far as I know, when you open an account, you sign a contract agreeing to let the bank correct any posting errors. I'm not sure how the specific terms look at your Bank of America, but regardless of whether the contract gives them the right to fix mistakes, that money isn't yours. You'll have to return it, whether by signing off on it or through a lawsuit.

She's basically a Republican running with the Democratic Party 🙂 😬

Not bad at all, not bad 😁
The apartment looks pretty tidy too 😬

Nicholas Morales48 said:Quote:table>
Real smooth, real classy 🙂
And how about this one:

http://www.youtube.com/watch?v=uT8OE...eature=related

Forgive me for getting all caught up in these hip-hop beats 🙄 but I just had to weigh in 😍
Alright, fine, here are a few more

http://www.youtube.com/watch?v=fIP0r...eature=related
No clue where they actually came from, but hey, they aren't half bad 😁 div>

Zachary Sanders says: Look, just listen to what Quincy is laying down here 😍 http://www.youtube.com/watch?v=9el-LIuRzOc div>

Brotherhood and unity 😳😁

Check out what these letters say 😍

http://www.youtube.com/watch?v=9el-LIuRzOc

Nicholas Morales48 said:Who knows, Zachary Sanders? I honestly have no clue. 😁

Hey there, bluerider63ri, looks like I’m finally getting some backup here. 😁

🤣🤣

Nicholas Morales48 said:Not much, just counting down the days until New Year's and stuff like that 😁

So, what about you, you heading out tonight? 😁

Everyone is behind the curve here. 😳😁

bluerider63 said:So, what exactly are we planning to fight about here today?

What do you want 🙂

Good evening Ambrose, how's it going? 🙂

Nicholas Morales48 said:Well, looks like the local pub is open for business again 🙏 x 4 😁

Zachary Sanders and George Booth58 are basically running security duty together now 😍 😁

Sharp, where'd you disappear to?

http://www.youtube.com/watch?v=9HJt1...eature=related

👋

You're something else... now you'll be stuck eating nothing but fast food 😳 😁

George Booth58 said:Let's go, Joe—let's get moving before they lock us out again. 😁😁

It's a good thing—there are still some decent people here. 👍http://www.youtube.com/watch?v=Wd70l...eature=related

Perov's line. 😁

So, maybe this chat might actually pick up after all. 😳

What's everyone up to?

I've had an exhausting, draining work week—once it's over, I guess I'll treat myself to a new gadget. 🙏🙏 😍

Yeah 😁
We'll probably end up back at the Amtrak station 😁

Yeah, this chat has gotten pretty depressing lately. 😢

It used to feel more like a busy New York diner where everyone from all walks of life hung out. 😁

http://www.youtube.com/watch?v=a5mE1...eature=related 😁
http://www.youtube.com/watch?v=DSlSaGcc0QM 🙂

Life finally feels meaningful again 👋 👋

Lisa Morales53 said:But then why the hell did they call me in the first place and claim they needed my signature, saying I couldn't do anything without it😕? And I didn't even withdraw extra cash; I had a perfectly normal zero balance😳. Then, $1,000 was deposited into my account, which I then withdrew. So, I was basically just taking my own money. The thing is, the lady at Bank of America didn't list that $1,000 as a withdrawal. Instead, on top of that $1,000 (which I pulled out, but was still sitting in the system), she recorded the $1,000 as a DEPOSIT. So, I ended up walking away with $333 in cash, and right now there's still $2,000 sitting in my account🤣. If they wanted to just pull it back without telling me, fine, whatever—but the woman from the bank calls me and starts beating around the bush... like, "Oh, there was a little hiccup while you were here today... we really need your signature to get this sorted..." I told her straight up that everything was fine on my end and I was totally happy with the transaction🥳 before she finally spilled what was actually going on😲.
Given the way she was talking to me, I got the feeling that I definitely shouldn't have to hand over that signature🤷, but then again, she mentioned that the security camera caught me taking that $333, which felt like a low-key threat😠. So, part of me thinks that if it's even possible, I should just keep the money for myself and let someone else be more careful next time😁.

It all comes down to what your contract says. Some banks have policies to reverse incorrect transactions automatically, while others require the client's signature to protect personal data.

Legally, you are required to return anything that isn't yours. Bank of America probably won't sue you because it isn't worth the hassle. They'll likely just dock the teller's pay. However, the teller herself could technically sue you as an individual since you knew the money wasn't yours and kept it. In this case, it's not like you just had $53078 in your account and missed it. You were explicitly notified of the mistake.

I think your biggest responsibility here is moral. People make mistakes... sometimes you're the one benefiting, and sometimes you're the one suffering. It's only right to fix an error. It's up to you.

Basically, you can choose to deal with this or not, but you might face consequences depending on whether the teller decides to take action against you.

So, what did you decide for tomorrow? Are you going to return it or not? 👋 👋

Kimberly Nguyen said:I know we touched on this topic before... but for the life of me, I can't find the thread now 🤔

Look, if this isn't money you earned through your job or a sale you actually made... then no, it's not yours. Period. Legally speaking, you have zero right to keep funds that don't belong to you. Sure, people work at places like Bank of America, and yeah, humans make mistakes—just like at any other job in the country. They spotted the error and reached out to you. Now, you might argue, "Hey, I don't want to give it back," and fine, maybe that specific employee ends up covering the loss out of their own pocket... but guess what? That employee could just turn around and sue you. You're sitting there with someone else's cash sitting in your account, money you didn't earn, and that's a legal nightmare waiting to happen.

Think about it from the other side for a second. What if the roles were reversed? If the bank accidentally sent *you* a windfall, would you just sit there and ignore it? Would you walk into the branch and demand your money? Probably not. You'd likely expect them to realize the mistake and contact you immediately...

Exactly. You have to prove the money actually belongs to you. Just because it's sitting in your account doesn't mean you own it.

I know Bank of America reserves the right to correct any bookkeeping errors. It’s standard stuff written right into your account agreement when you sign up. Basically, if they mess up a transaction on your account, they have the legal right to fix it without asking you first. But what happens if the cash has already been withdrawn? I assume you're obligated to pay it back since it isn't yours. In the US, if you find lost property, the law says you have to turn it over to the police. If nobody claims it after a certain point, then it becomes yours.

It’s probably smarter to just return it. I'd guess that an accidental payout falls under the responsibility of the bank teller. Essentially, whoever made the error should cover the loss. As for whether they can actually sue you... I think that really comes down to Bank of America's internal policies. It depends on whether they decide to make a big deal out of it or just hold the employee accountable for the mistake.

I forgot to mention that the shard of glass actually came from a storefront window that had been smashed. I assume it happened just before I walked by, since there were already crews on-site fixing it up.🤷

Just got home covered in blood. 🙂 I was walking and stepped on a shard of glass that pierced right through my sneaker into my heel. I managed to pull the glass out and get the bleeding under control. It’s not deep enough for stitches, but I'm wondering if I need to head to the clinic for a tetanus shot or something similar. Thanks in advance! 🙂