Bank of America Bank Account Or Service Complaint

Other bank product/service Making/receiving payments, sending money

Bank of America Bank account or service department,

Other bank product/service Making/receiving payments, sending money California

Bank of America cashed a forged check made payable to - -, - -, - - Bank and - - - - - - , of - cashed the forged check and did not provide the funds to the - or - - . - - is now incarcerated for - felony counts of forgery, grand theft and embezzlement. Bank of America Claims that California Code of Civil Procedure Section 340 ( C ) applies to this case limiting the statute of limitations to one year. We contend, based on counsel from - -, that Bank of America 's claim to California Code of Civil Procedure Section 340 ( c ) is not applicable, because it refers to claims by a " depositor. '' I further contend that my husband, - - and I are not a " depositor '' of Bank of America, so it is unclear upon what basis Bank of America relies upon the statute. CCP - ( c ) states ( emphasis added ) : ( c ) An action for libel, slander, false imprisonment, seduction of a person below the age of legal consent, or by a depositor against a bank for the payment of


's neglect resulting in injury or death to an animal or fowl in the course of boarding or feeding the animal or fowl or in the course of the practice of veterinary medicine on that animal or fowl. We also contend that there is applicable California case law stating that the statute is limited to claims by an actual " depositor. '' For example, in the California case of - v. - - -, -. -, - -. -. - -, -, - -. -. - -, - ( 2011 ) ( a copy attached hereto ), the California - - - noted that - - - c ) only applies to actions by a " depositor '' against the depositor 's bank. In the - case, the plaintiff did not have a depository account with the bank, but was merely a loan customer. The appellate court said that the one-year statute of limitation only applies to a depository customer : " As plainly written, section -, subdivision ( c ), applies only to an action brought by a 'depositor. ' With respect to her HELOC account, Appellant is not a 'depositor. ' The one-year statute of limitations in section 340, subdivision ( c ), therefore is not applicable to this action. '' - v. - - -, -. -, - -. -. - -, -, - -. -. - -, - ( 2011 ). Since my husband and I are not " depositors '', we again request you review your stated statute of limitations for validity against the California Case laws referenced in the above paragraph. We also can not verify the validity of our signatures because - - had access to our signatures and forged our California Licenses in order to cash the checks at Bank of America. - - is currently incarcerated for - counts of forgery, grand theft and embezzlement. We demand that the check for $170000.00 be reissued to - -, - - and - - based on Bank of America 's cited code as not being applicable.

Bank of America customer in California
Jan 31, 2017

* Source: CFPB Complaint Database

Bank of America response to complaint:
Closed with explanation

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Contact Bank of America

https://www.bankofamerica.com/
(704) 386-5681
100 N Tryon St Ste 220
Charlotte NC 28202
Bank of America
Bank of America

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