Edgeman
Chico,#2General Comment
Thu, July 08, 2010
If any bank notices that you are connected to your husband and he had a bad debt with them then they will seize the funds in that business account. In fact, there are reports here that describe a business partner overdrawing a business account and the bank collects the money from the other partner's personal account.
I personally despise the right to offset but I can't think of a bank that doesn't use this policy.
Susan
This City,#3Consumer Comment
Thu, July 08, 2010
You complained about this before.
The answer is the same. You had your husband on your account and he bounced his account, the bank looked to other accounts he was on. All banks do this.
You can b***h to the bank and try to get the money back in your account but if you win. Your husband will still owe. Pick your battle wisely.
Eddie
auburn,#4Author of original report
Wed, July 07, 2010
I'm sorry I made an error when I wrote my story...the account that my husband had that overdrew (I was never on that account) with Wellsfargo they are offsetting my account that is joint with my husband and I(currently). So I wanted to make this clear.. Anyways the next day Wellsfargo went in to my account and overdrew us...Now my question is I have a Business Account with these people but my husband IS NOT on this account it's mine can they take money from that account?
Robert
Irvine,#5Consumer Comment
Wed, June 30, 2010
It appears that Wells Fargo may have made a major error. They do have the right to Offset, as this is something that is in the terms. It is also something that every other bank has as well. But they can't just exercise that right on accounts that have nothing to do with each other.
If you were not on the account that is delinquent, and your husband is not on the account they withdrew the money from they may have done something illegal. But since it appears you are in CA it could be a little more complicated, and something you may need legal advise to check on. They are probably trying to use the CA Community Property Laws as justification. Depending on the exact situation this may be valid and be able to be applied in your case.
The Right to Offset does have a business reason behind it. What banks don't want is to have someone who has two accounts, where one say has several thousand dollars and the other is negative. Basically they are getting the person to pay their back debts. Unlike other issues, such as overdrafts. This is something that an account holder can not control as to when it happens, and does not know about until after the fact. It is even worse for people in your case where you would have no idea that it could happen because of someone else's delinquency. But this is also something that no bank will notify you of in advance. Because why you say that you would make arrangements, the "arrangements" a lot of people would do is to remove the money out of that account.
For right now you need to treat that account as dead as anything you put into it until the show the other debt is paid will be taken to pay that other debt. You also need to see if they had a right to do this in the first place, if not you need to pursue that avenue. A good place to start would be to file a complaint with the Office of the Comptroller of the Currency, and see if they can do anything for you.