Bank of America closed all my accounts. What to do now? *UPDATED 03/01/08*

My small claims court case yielded mixed results. Although the judge said he sympathized with my plight, he claimed he couldn't award any damages because my claims hinged on Bank of America violating federal banking regulations. I told him the OCC advised me to file in small claims court, but he insisted he couldn't award damages. He dismissed the case without prejudice and advised me to refile in federal court. I'm consulting with an attorney to pursue the case in federal court at this time.

The Bank of America attorney was cold-hearted. She refused to speak with me before our case, wouldn't look at or even acknowledge me during the case, or discuss the option of dispute resolution. I tried to talk to her afterwards, but she ignored me and kept on walking.

Well at least their was some good news. Sounded like the judge didn't know exactly what to do. GL on whatever way you go.

Thanks for the update.

have you tried consumerist.com and read the problem(s) that other people have with BoA?

theficus said: My small claims court case yielded mixed results. Although the judge said he sympathized with my plight, he claimed he couldn't award any damages because my claims hinged on Bank of America violating federal banking regulations. I told him the OCC advised me to file in small claims court, but he insisted he couldn't award damages. He dismissed the case without prejudice and advised me to refile in federal court. I'm consulting with an attorney to pursue the case in federal court at this time.Is that something specific to small claims court? State courts most certainly do have jurisdiction to award damages based on federal law (with very few exceptions, e.g. patent and copyright infringement and possibly certain cases involving the United States). Is it possible to appeal a small claims dismissal? (Of course, it might be pointless if BoA wants to be in federal court and would remove the case if it weren't dismissed.)

Additionally, based on the facts as you've given them, you should have plenty of state law claims independent of any federal law violation.

theficus said:
The Bank of America attorney was cold-hearted. She refused to speak with me before our case, wouldn't look at or even acknowledge me during the case, or discuss the option of dispute resolution. I tried to talk to her afterwards, but she ignored me and kept on walking.

You should have never tried to make contact with her.
To put it bluntly, you should either give it up and avoid all the stress for fighting this in a federal court.
If you decide to go ahead then be ready to go all the way.....there is no turning back.

I usually decide on my future course of action by whichever makes me sleep better at night.
Just my 2 cents.

DiabloD3 said: ShakuniMama said: You should have never tried to make contact with her.
To put it bluntly, you should either give it up and avoid all the stress for fighting this in a federal court.

Not true... their attorney knew that he was going to ask for their surrender.

Given the OP's claims (which I'm not disputing) of racial slurs, I certainly wouldn't talk to the OP in anything other than an official, recorded, "on the record" capacity if I was on the opposing side.

Sounds like what USAA did to me, except I didn't sue (although I threatened to).

Like I said previously, FILE IN FEDERAL COURT. Small claims is a joke, you WILL be disappointed.

^^^Why? I can buy ETFs at any brokerage, and Vanguard ETFs are much cheaper than buying their funds directly. Well, unless you're a piker where a tiny commission makes a difference of more than a basis point it's 'retarded' to open Vanguard funds directly.

OP, have you heard back from Judge Judy?

after working in a "LARGE bank" fraud department-- yes lmao in the fraud department this stuff happens all the time-- and i'll let all of you know that more is behind this story than what this Shmo is putting on. First of all there are so many laws and we know them all by heart if you'd like a copy all you have to do is ask nicely and we can forward all the docs to you. Secondly, it is not the moving of large amounts of money that is the problem, it is where you have been moving it and if your income supports the money that you've been moving. For instance, Mr. Khan the taxi cab driver opens 20 accts in 3 days combines all CL's then tries to do 100k BT-- after telling us on his application that he makes 50k a year and is a cab driver, has never had more than 1k in his checking acct and has no other deposit accts. This is a prime example of red flags. Lets see, doing a large BT into your checking acct then you trying to pay off multiple accts (say discover 10k, boa 10k, citi 10k, and a few others all with the same 10k) then of course b/c all of the credit card companies allow instance access going out and drawing cash out of the bank at the teller for 10k when you know the payment will not go through. Wire x-fers are not as bad as everyone things. As long as you don't go expressing 100k to a foreign country. There will probably be a 7-10day hold on things like those, also well there is so many more.... I have no sympathy for you or the other crooks that take larges amounts of money (lol --was viewing an account the other day-- ch opened an acct years ago-- never used it-- then took out 80k and charged a 1 way ticket to "a middle eastern nation"- after a short google search we find out he is connected to the government--aka a brother of the guy that also had credit cards with the same "large bank" and was "living at the same addy in alexandria"-- the house had been in foreclosure --- this guy would probably think that in a case like this --- we should leave the Brothers acct open and allow him to take cash and leave too-- nada -- that account was locked up...

babalooie21204 said: after working in a "LARGE bank" fraud department-- yes lmao in the fraud department this stuff happens all the time-- and i'll let all of you know that more is behind this story than what this Shmo is putting on. First of all there are so many laws and we know them all by heart if you'd like a copy all you have to do is ask nicely and we can forward all the docs to you. Secondly, it is not the moving of large amounts of money that is the problem, it is where you have been moving it and if your income supports the money that you've been moving. For instance, Mr. Khan the taxi cab driver opens 20 accts in 3 days combines all CL's then tries to do 100k BT-- after telling us on his application that he makes 50k a year and is a cab driver, has never had more than 1k in his checking acct and has no other deposit accts. This is a prime example of red flags. Lets see, doing a large BT into your checking acct then you trying to pay off multiple accts (say discover 10k, boa 10k, citi 10k, and a few others all with the same 10k) then of course b/c all of the credit card companies allow instance access going out and drawing cash out of the bank at the teller for 10k when you know the payment will not go through. Wire x-fers are not as bad as everyonethings. As long as you don't go expressing 100k to a foreign country. There will probably be a 7-10day hold on things like those, also well there is so many more.... I have no sympathy for you or the other crooks that take larges amounts of money (lol --was viewing an account the other day-- ch opened an acct years ago-- never used it-- then took out 80k and charged a 1 way ticket to "a middle eastern nation"- after a short google search we find out he is connected to the government--aka a brother of the guy that also had credit cards with the same "large bank" and was "living at the same addy in alexandria"-- the house had been in foreclosure --- this guy would probably think that in a case like this --- we should leave the Brothers acct open and allow him to take cash and leave too-- nada -- that account was locked up...

Erm, did you post this, and this?

codename47 said: PERFORM YOUR OWN GALL BLADDER SURGERY.
is nothing at all like suing in small claims or federal court. You have clearly never been in court and a fool to even suggest even in jest that there is a relation.

No, I'm suggesting he sue in Federal court, which is nothing like running in to a wood chipper.


Why? I want to know why? Why is small claims so much wiser? Why? You tell me, I want to know. How will a person get eaten alive in Federal court? How? Codename: I know you have somewhat of a cult following here, and those people believe you provide good leave advice, but you should really take a step back and consider what you're writing on this forum.

If you truly believe that Federal court is as easy to navigate as small claims court, I'm not sure you should be dispensing legal advice to novices. Small claims court is specifically designed for legal novices to easily resolve small disputes. Federal court is a legal minefield, where a novice can easily have their case thrown out, or be held responsible for large legal bills/court costs, just by failing to properly respond to a motion.

Remember, when you spout off the words "sue 'em in Federal court", you're exposing a complete stranger to the possibility that they could be held responsible for the defendant's huge legal bills, should they make a mistake.

For you to suggest that both courts are essentially on the same skill level, is completely irresponsible.

I know you enjoy bragging about all of the lawsuits you claim to file. However, you and I both know that you aren't being forthcoming with readers about those claimed lawsuits. Your bragging might just end up getting a FW reader into trouble. Why would you want to do that?

I asked you this last year, and received no reply: Show us proof of ONE Federal court case you have personally filed and won on your own, without the assistance of an attorney. Just one. if you can't do it, stop dispensing poor advice to others on how easy it is to do. It's not.

If you truly believe that Federal court is as easy to navigate as small claims court, I'm not sure you should be dispensing legal advice to novices.
I know for a fact that the Federal rules of civil procedure are readily available, and that most Federal courts have a handy pro-se manual written by the local bar association complete with template forms. It really, really, really, isn't that hard, especially when everything is written out and defined.

My local small claims court had NONE of this. I've sued in both levels of court, and far and away prefer Federal to small claims. Have you sued in Federal or small claims court? How many times? The best legal advice you suggest is to sue and hope the company ignores it. Not much of a legal strategy...

Federal court is a legal minefield, where a novice can easily have their case thrown out, or be held responsible for large legal bills/court costs, just by failing to properly respond to a motion.
Absolutely not true. I mean it depends on the motion. If it is a motion to dismiss, then you probably want to respond to it. What do you define as "properly" responding to a motion? Write up your answers, the judge's staff will do some research, which they don't have in small claims, and they'll make a decision. You almost certainly are not held liable for court costs/legal bills for merely failing to respond to a motion. If you think so, please post a case cite.

Remember, when you spout off the words "sue 'em in Federal court", you're exposing a complete stranger to the possibility that they could be held responsible for the defendant's huge legal bills, should they make a mistake.
How are they going to be held liable for these huge legal bills? Refusing an offer for judgment? Sanctions? How? You never say how or why, you just prognosticate these horrible outcomes with no examples or arguments to back them up.


For you to suggest that both courts are essentially on the same skill level, is completely irresponsible.
I don't think I ever suggested that. I believe I explicitly said small claims sucks and Federal Rocks.

I know you enjoy bragging about all of the lawsuits you claim to file.
I don't claim to file anything. I have filed and I have been very successful at my exploits. Got a PACER account?

However, you and I both know that you aren't being forthcoming with readers about those claimed lawsuits.
What am I leaving out? What do you want to know? You want case numbers?

I asked you this last year, and received no reply: Show us proof of ONE Federal court case you have personally filed and won on your own, without the assistance of an attorney. Just one. if you can't do it, stop dispensing poor advice to others on how easy it is to do. It's not.

3:06-cv-00065-FM

I wrote everything I filed.

*Disclaimer: I am not a member of the Florida Bar; the text below does not constitute legal advice.*

It's been a little while since I last posted on FWF. I have a few comments; if any of this has already been addressed, I apologize (there are at least 32 pages of posts and I have not read every single one).

If the OP's case was rightfully dismissed from small claims, he ought to file in federal court. Whether or not the defendant shows up is not the only consideration. BoA may well not want to deal with it and decide to settle outside of court. This is especially true if they think they will lose and/or be made to look inhuman. Also, they may rather just not bother if the issue can be made to go away for a smaller amount of money.

As far as your filing on your own, I would suggest that you at least consult a decent attorney. You don't have to retain one, but at least speak with one. And as a heads up, a lawyer that bills 3 or 4 hundred an hour may well end up costing less than one that bills 200. Billable hours are exactly that, based upon time. An attorney who is fluent in the area may well take less time to prepare what's needed. That said, don't feel the need to pick the one that charges the most. Just understand that the hourly rate is not the sole determining factor that results in your fees.

If you do go it alone, you had better know your business. That extends beyond the facts in your given case and includes having a decent understanding of procedure and applicable law. You may well have some roadblocks thrown your way that you don't expect. This is why lawyers make what they do. That said, I sued a large corporation (Verizon) and won some time back without the assistance of an attorney. However, I wasn't dealing with federal court. Federal judges are not paid to educate plaintiffs. Small claims judges often are more sympathetic due to the very nature of the system.

I encourage you to file suit after making sure that you are well versed. Good luck!

*Disclaimer: I am not a member of the Florida Bar; the text above does not constitute legal advice.*

codename47 said: It is a Federal case cite. 5th circuit, western district of Texas

Federal judges are not paid to educate plaintiffs. Small claims judges often are more sympathetic due to the very nature of the system.
I've had the opposite experience. Federal court judges generally aren't out to screw pro-se litigants, but it really just depends on the judge and how you present your case/arguments. Federal court judges generally try to be fair, and they are generally informed on the law.

I'll second that on the Small Claims Court. The last time (and I assure you I won't bother with it again) I dealt with Small Claims court, it was a complete joke. The defendant's attorney kept citing tort cases for personal injury for precedent, yet the claim before the judge had nothing to do with personal injury.

@ codename47 --

I took a look at the docket you cited. From what I can tell, after all was said and done (and the judge struck your motion for default judgment), you withdrew the complaint. I think you said somewhere the you "won" the case, is there something here or elsewhere to indicate you in fact did so?

Just asking if you got anywhere near the $9k you were asking for.

My BOA is too far from my house so I decided to start my own branch. Business have been good lately, so many deposits yet no withdrawals.
How's about you guys? Me no work, wuahahaha.
I kind of like the NY Mellon bank so I may start a branch near my house too.
WHOOHOO.