- Report: #92577
Complaint Review: Bank Of America - Beaumont Texas
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Bank Of America
http://www.bankofamerica.com Beaumont, 77706 Texas, U.S.A.
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Bank Of America ripoff Copy of The Lawsuit I'm Filing Beaumont Texas
*Author of original report: Get your money back from Bad Banks.
*UPDATE Employee: Do the math.
*Consumer Comment: I hope your case gets thrown out
*Consumer Comment: What makes me different is federal law 42 U.S.C. 407.
*UPDATE Employee: Please be responsible for yourself
*Author of original report: I am aware of the law in which you keep referring to
*Consumer Comment: Good Luck! Great customer service there BoA!
NO. ____________
THIS IS NOT LEGAL ADVICE -- ONLY A COPY OF MY SUIT
JOHN "X"
Plaintiff,
v.
BANK OF AMERICA
Defendant.
IN THE JUSTICE COURT
OF JEFFERSON COUNTY, TEXAS
PCT. 1, PLC. 1
PLAINTIFF'S ORIGINAL PETITION
COMES NOW Plaintiff, John "X", complaining of the conduct of Defendant Bank of America and, in support thereof, respectfully shows as follows:
I
VENUE, PARTIES, AND DISCOVERY CONTROL PLAN LEVEL 1
This suit involves only monetary relief within the jurisdictional limits of this court, the total amount of which excluding costs, pre-Judgment interest and attorneys' fees, is an amount less than $50,000.00 and any discovery is intended to be conducted under the Level 1 discovery limitations Rule 190.2, Texas Rules of Civil Procedure.
II
Plaintiff, JOHN "X", is a private citizen of Texas and may be served at (deleted)
III
Defendant, BANK OF AMERICA (Bank), is a nationally chartered bank doing business at the following address, where The Defendant may be served with process, at 265 Dowlen Rd, Beaumont Texas 77706 by serving Marianne McGlone, Assistant Vice President. (409) 860-2434
IV
Venue is proper in Jefferson County, and in this Court, as the Plaintiff seeks only money damages in an amount less than five thousand dollars except as otherwise allowed by law. If this cause goes to trial the Plaintiff requests a Jury.
FACTS
V
In August 2003, Mr. "X"opened a checking account with the Bank for the direct deposit his of Social Security (SS) disability payments. Since that time, almost all monies deposited in the account have been from SS disability. In the past several months, the Bank approved charges made on the Plaintiff's Visa check-card, in effect saying, Yes. The money is there, later claimed the charges created an overdraft, and charged the Plaintiff's account thirty to thirty-three dollars for each transaction. The total of the illicit charges is $439.00. Many of the amounts paid under the Bank's overdraft policy were well under the $30 charge paid for them some as low as $1.18, $2.15 and $5.24 $90.00 for $8.57. This is 350.06% interest charged per day 12,6021.05% interest per year.
The point of using a check card instead of writing a paper check is to avoid the possibility of overdrawing the account; if there are insufficient funds decline the check-card charge. The Bank is raking in vast amounts of money by approving paltry charges on the check-card charges that should have been declined.
Who in their right mind would pay $30.00 for a $2.15 loan? Later, the Bank says the funds were not available at the time of the transaction, so the Bank can charge $30 to $33 fees on meager sums.
CAUSES OF ACTION
VI
COUNT 1
The Defendant's deduction (attachment) of overdraft charges from funds clearly discernable as SS Disability Benefits violates 42 U.S.C. 407 so Phelan is entitled to get his money back.
42 U.S.C. 407 [UNITED STATES CODE] {Excerpt}
Assignment of [Social Security] benefits [payments]
(a) In general
The right of any person to any future payment under this subchapter shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.
VII
COUNT 2
The Bank's incredible service charges in relation to the miniscule amounts advanced are so outrageous they shock the sensibilities of a reasonable citizen, are therefore unconscionable, and must be declared void as against public policy.
VIII
COUNT 3
The Bank deliberately arranges multiple checks, debit card, and check card payments received on the same business day so as to create the greatest possible charge to the customer instead of paying the most possible charges, thus minimizing the amount of fees something the computers have been intentionally programmed to do; this constitutes a continuing conspiracy by the Bank and it's officers' to charge customers extraordinary and illegal interest on short term loans pretending to be service fees.
IX
PRAYER FOR RELIEF
ALL THINGS CONSIDERED, plaintiff respectfully prays that this Court grant him a money judgment against the Defendant Bank for $777.00 (Seven Hundred Seventy Seven Dollars) which is actual damages of $439.00, as well as compensation for his time and research expenses preparing this case pro se (acting as his own attorney) of $338.00, and all the necessary costs of this suit, with the maximum amount of pre-and post-judgment interest allowed by law.
ATTEST: Everything in this Complaint is true to the best of my knowledge and belief, So Help Me God.
Respectfully submitted,
_________________________ May 22, 2004
CLICK here to see why we deleted either a phone number, link or e-mail address from this Report.
John
Beaumont, Texas
U.S.A.
Click here to read other Rip Off Reports on Bank of America
THIS IS NOT LEGAL ADVICE -- ONLY A COPY OF MY SUIT
JOHN "X"
Plaintiff,
v.
BANK OF AMERICA
Defendant.
IN THE JUSTICE COURT
OF JEFFERSON COUNTY, TEXAS
PCT. 1, PLC. 1
PLAINTIFF'S ORIGINAL PETITION
COMES NOW Plaintiff, John "X", complaining of the conduct of Defendant Bank of America and, in support thereof, respectfully shows as follows:
I
VENUE, PARTIES, AND DISCOVERY CONTROL PLAN LEVEL 1
This suit involves only monetary relief within the jurisdictional limits of this court, the total amount of which excluding costs, pre-Judgment interest and attorneys' fees, is an amount less than $50,000.00 and any discovery is intended to be conducted under the Level 1 discovery limitations Rule 190.2, Texas Rules of Civil Procedure.
II
Plaintiff, JOHN "X", is a private citizen of Texas and may be served at (deleted)
III
Defendant, BANK OF AMERICA (Bank), is a nationally chartered bank doing business at the following address, where The Defendant may be served with process, at 265 Dowlen Rd, Beaumont Texas 77706 by serving Marianne McGlone, Assistant Vice President. (409) 860-2434
IV
Venue is proper in Jefferson County, and in this Court, as the Plaintiff seeks only money damages in an amount less than five thousand dollars except as otherwise allowed by law. If this cause goes to trial the Plaintiff requests a Jury.
FACTS
V
In August 2003, Mr. "X"opened a checking account with the Bank for the direct deposit his of Social Security (SS) disability payments. Since that time, almost all monies deposited in the account have been from SS disability. In the past several months, the Bank approved charges made on the Plaintiff's Visa check-card, in effect saying, Yes. The money is there, later claimed the charges created an overdraft, and charged the Plaintiff's account thirty to thirty-three dollars for each transaction. The total of the illicit charges is $439.00. Many of the amounts paid under the Bank's overdraft policy were well under the $30 charge paid for them some as low as $1.18, $2.15 and $5.24 $90.00 for $8.57. This is 350.06% interest charged per day 12,6021.05% interest per year.
The point of using a check card instead of writing a paper check is to avoid the possibility of overdrawing the account; if there are insufficient funds decline the check-card charge. The Bank is raking in vast amounts of money by approving paltry charges on the check-card charges that should have been declined.
Who in their right mind would pay $30.00 for a $2.15 loan? Later, the Bank says the funds were not available at the time of the transaction, so the Bank can charge $30 to $33 fees on meager sums.
CAUSES OF ACTION
VI
COUNT 1
The Defendant's deduction (attachment) of overdraft charges from funds clearly discernable as SS Disability Benefits violates 42 U.S.C. 407 so Phelan is entitled to get his money back.
42 U.S.C. 407 [UNITED STATES CODE] {Excerpt}
Assignment of [Social Security] benefits [payments]
(a) In general
The right of any person to any future payment under this subchapter shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.
VII
COUNT 2
The Bank's incredible service charges in relation to the miniscule amounts advanced are so outrageous they shock the sensibilities of a reasonable citizen, are therefore unconscionable, and must be declared void as against public policy.
VIII
COUNT 3
The Bank deliberately arranges multiple checks, debit card, and check card payments received on the same business day so as to create the greatest possible charge to the customer instead of paying the most possible charges, thus minimizing the amount of fees something the computers have been intentionally programmed to do; this constitutes a continuing conspiracy by the Bank and it's officers' to charge customers extraordinary and illegal interest on short term loans pretending to be service fees.
IX
PRAYER FOR RELIEF
ALL THINGS CONSIDERED, plaintiff respectfully prays that this Court grant him a money judgment against the Defendant Bank for $777.00 (Seven Hundred Seventy Seven Dollars) which is actual damages of $439.00, as well as compensation for his time and research expenses preparing this case pro se (acting as his own attorney) of $338.00, and all the necessary costs of this suit, with the maximum amount of pre-and post-judgment interest allowed by law.
ATTEST: Everything in this Complaint is true to the best of my knowledge and belief, So Help Me God.
Respectfully submitted,
_________________________ May 22, 2004
CLICK here to see why we deleted either a phone number, link or e-mail address from this Report.
John
Beaumont, Texas
U.S.A.
Click here to read other Rip Off Reports on Bank of America
7 Updates & Rebuttals
Sandi
Lufkin,Texas,
U.S.A.
Good Luck! Great customer service there BoA!
#2Consumer Comment
Wed, July 21, 2004
Good luck, John! I really hope you win your case. I'm having an issue with Bank of America myself right now. My daughter is 18 and has a student account. She attends college in California and I live in Texas. Yes, she overdrew her account - BUT, had BoA taken the debits out of her account in the order they were made over the weekend (with her check card) she would have only had 2 overdraft charges instead of 5. Instead they took out the last and largest one first - then charged a $30 overdraft fee on the smaller ones. It seems that the date and time of transactions only matter when a deposit is made since the $50 I deposited was after the 'end of the day' posting deadline. I also have overdraft alerts set up on the account to email me when the account is overdrawn - but those only seem to work AFTER the overdraft charges have been assessed and not when the account actually shows a negative balance. Great customer service there BoA!
John
Beaumont,Texas,
U.S.A.
I am aware of the law in which you keep referring to
#3Author of original report
Tue, July 20, 2004
L - Baltimore, Maryland U.S.A. wrote: I am aware of the law in which you keep referring to. And, in layman's terms it states that no one is able to take from your monthly funds without permission, but when you agreed to open your account you agreed to everything that comes along with it- inlcuding the fees. I am pretty confident that when you opened it you didn't not sihn any additional paper work stating you did not agree with the fees that came along with it. Dear L: Thank you for reading the law and giving a good definition. As it stands now the 9th Circuit US Court of Appeals agrees with you while the 10th Circuit US Court of Appeals does not. I am in the jurisdiction of the 5th Circuit Court, and I believe this may eventually get to the Supreme Court or congress will amend the law to exempt banks. Let's pretend it's not the Bank but a person I owe money to. They sue me, win a judgment, and try to obtain a levy against my bank account which contains only Social Security Disability Insurance money. Clearly I'm protected from that as the law intended. The note I gave the person was a promise or agreement to pay in the future; the Bank is in a unique position to take the money as it has custody of it. When we go to trial the Court will have two contradicting (non-binding) opinions. I have little doubt that this will go to the 5th US Circuit Court of Appeals, and they may very well ask the Supreme Court to take it as we already have two high level opposite opinions. For non legal professionals a United States Court of Appeals is the highest Court except for the Supreme Court. L, while I do not agree with you, I do thank you for your opinion as it stimulates thoughtful discussion and I will defend to the end your right to express it.
L
Baltimore,Maryland,
U.S.A.
Please be responsible for yourself
#4UPDATE Employee
Mon, July 19, 2004
I am aware of the law in which you keep referring to. And, in layman's terms it states that no one is able to take from your monthly funds without permission, but when you agreed to open your account you agreed to everything that comes along with it- inlcuding the fees. I am pretty confident that when you opened it you didn't not sihn any additional paper work stating you did not agree with the fees that came along with it.
John
Beaumont,Texas,
U.S.A.
What makes me different is federal law 42 U.S.C. 407.
#5Consumer Comment
Mon, July 19, 2004
If you look the law up and read it you will see that is what "makes me different". I am disabled and have special protections under the law. If you don't like it write your congressperson and get it changed. L, - Baltimore, Maryland said, "We (BOA associates) received a notice about your case and it was amusing to most." While it's costing me only $42.00 to file my suit, how many thousands and thousands of dollars is it going to cost the Bank of America attorneys to go through all the motions, hearings, and appeals. I will represent myself, and I have won jury trials against experienced attorneys. So L, please tell me? Is it amusing to your attorneys' as well? Amusing to folks who actually understand the law and read it before "critiquing" an unread book as you have so done? "We (BOA associates) received a notice about your case and it was amusing to most." As for me I laughed all the way to my new bank who was delighted to open me an account in spite of BoA's negitive report, and I'm enjoying working on the suit. I'll probable even get extra credit for it in college (I'm almost through with my B.S. in Paralegal Studies).
Deb
Leesburg,Virginia,
U.S.A.
I hope your case gets thrown out
#6Consumer Comment
Sun, July 18, 2004
I truly hope your case gets thrown out of court. It is because of people like you that keep our court system tied up with stupid law suits, preventing legitimate suits from being heard in a reasonable manner. I personally bank with BOA and when have overdrafted my account by accident I have been hit with a charge. I paid the price for my error. And yes we have automatic deposit also. Grow up and accept responsibility for your own actions. Do not blame the bank for your own doing. Either the judge needs to rule in favor for BOA or throw you case out just on merit alone. A BOA Customer
L
Baltimore,Maryland,
U.S.A.
Do the math.
#7UPDATE Employee
Sat, July 17, 2004
First of all learn to properly handle your money and you would not be charged anything. When you open an account you are given information in reference to the consequences of not properly maintainig. So, before you make purchases of $2, $3, and $4 make sure you have the money there. Secondly, just because you get a Social Security check does that make you better than other people on a minimal and/or fixed income that incur overdraft fees? No. I get a pay check every two like the next workin person and being a bank associate or not- when I go into the negative for $1.37 I am getting an overdraft fee as well. So, I work for the bank, barely maintain from week to week, and am not excluded. What makes you any different? We (BOA associates) received a notice about your case and it was amusing to most. Basically the point is do your own math and keep your own records and you won't have to deal with fees. Just like you run a red light and receive a ticket and fine- make purchases when you don't have the money and pay the cost.
John henry
Beaumont,Texas,
U.S.A.
Get your money back from Bad Banks.
#8Author of original report
Thu, June 03, 2004
Get your money back from Bad Banks. This is information and not legal advice. All states have a small claims court and usually relaxed rules about formality you just get to tell your story, many times you even get a jury of your peers. These Courts are a dream come true. So many people can get Justice that don't realize how easy and inexpensive it is. If a person is genuinally broke s/he might even be able to file without a fee. Every state is different. Search http://www.google.com with [your state] small claims court and you should get what you need. And checkout: http://www.halt.org CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report. I am using the Justice of the Peace Court for my lawsuit here in Texas. Thank God I was able to stop the automatic deposit of my Social Security Disability Payment before it hit over a Negative $539 balance. I got my regular disability check on the 3rd and opened a savings account with a local credit union (in Texas you only are required to keep a minimum balance of $25 at all times cool); when an automatic charge was denied (I did try one on purpose just to see what would happen the charge was $0.00; that's right nothing.) Now that I've told them I'm filing a suit, they suddenly started sending notices with CHARGES WAIVED when some of the checks tried to go back through. I now realize that using a Bank is probably an extremely, extremely, bad idea for most folks. If enough of us file suit for this sort of wickedness something will happen. In the meanwhile, go to a credit union. I have an A.A.S. degree in Paralegal Studies from Kaplan College and I'm working on my B.S. That does not mean I give legal advice, but I can tell you where I think you might look for information. I will answer below any post as best I can. Good Luck!
