bank employee

[how can u sleep]

What is the name of your state? California
I became friends with the bank manager where all of my accounts were. The manager often told me personal problems, etc.. The manager asked me to hire spouse as a favor. I did, paid in full for time worked. The spouse told us their home was going into forecloser, gave us the 'losing everything' story. The spouse offered to sell us a vehicle @ a good price. We accepted, paid half by check- Which was deposited by bank manager into their personal acct.
Within 2 weeks, the vehicle was reposessed from our property.
The bank manager & spouse were well aware that the vehicle was in the repo process, BUT did not inform us. They refused to return the $, and filed Chapter 13, six days after I filed & served summon to sue. It is a clear case of a fraudulant sale, but Chapter 13 is protecting them..
Are there laws, guidelines, that Bank employees are to follow re; custormer relationships?
Do I have any recourse againest the Bank?
With Appreciation,

 

[Tayla]

Let me get this straight: You paid for a car, never transferred the title and NOW you wonder how they could do you wrong? Hmm...lets see ...does the term gulliable ring a bell? Not being sarcastic here since its clear that you were taken to the cleaners on this deal. Since it seems you are following the legal system in filings, ask your lawyer what the next step can be. What did your lawyer say when you said you wanted to go after the bank? What legal premise did you site for that avenue?

 

[how can u sleep]

yea, there's sarcasm

Thanks for the input Tayla..
!st- we only paid half of the purchase price, balance was to be paid upon getting the title--of which the spouse couldn't find that day- day became 2 weeks.. It was not a car, it was a 18 wheeler.. which increases the $value.
I considered the bank manager a friend--our kids were in the same school, etc.. I had no reason not to trust.
I am seeking advice here because I haven't hired a lawyer..
Like I said, we tried to work it out, then I filed suit, then they declared bankrupcy--ch. 13, that protects the debitor even in acts of fraud..

 

[Tayla]

I do apologize if I offended you with my earlier response.
Here are some suggestions : Retain the cashed check. Any paperwork regarding the agreement to purchase said 18 wheeler. Do seek legal counsel on this matter. He/she will best be able to guide you thru this matter. Maintain hope and perserverence

 

[JETX]

Actually, let me give you some ACCURATE advise.... rather than just erroneous opinions....

"I became friends with the bank manager where all of my accounts were. The manager often told me personal problems, etc.. The manager asked me to hire spouse as a favor. I did, paid in full for time worked. The spouse told us their home was going into forecloser, gave us the 'losing everything' story."
*** Of course, all of that has no relevance to this matter.

"The spouse offered to sell us a vehicle @ a good price."
Who's name was the vehicle in?? Did you get a signed bill of sale and/or title transfer??

"We accepted, paid half by check- Which was deposited by bank manager into their personal acct.
Within 2 weeks, the vehicle was reposessed from our property."
*** Who repossessed the vehicle?? And what did the repossessor say when you showed them that YOU now owned the vehicle (bill of sale and/or signed title)??

"The bank manager & spouse were well aware that the vehicle was in the repo process, BUT did not inform us. They refused to return the $, and filed Chapter 13, six days after I filed & served summon to sue. It is a clear case of a fraudulant sale, but Chapter 13 is protecting them.."
*** It shouldn't be. Their fraudulent activity is exempt from the bankruptcy process. You need to file a 'Motion for Relief From Stay' with the court as to your claim on the vehicle sale or funds.

"Are there laws, guidelines, that Bank employees are to follow re; custormer relationships?"
*** Yes, but nothing that would cover your situation. However, you might contact the bank and see what their response may be.

 

[Tayla]

Response to JETX

The poster clearly stated that no title transfer ever transpired :
How can u sleep wrote:quote:we only paid half of the purchase price, balance was to be paid upon getting the title--of which the spouse couldn't find that day- day became 2 weeks.. /end quote.
That is why the repo company was able to take it. It was still titled under the folks who claimed bankruptcy. Therefore my advice stands valid on seeking legal counsel and maintaining a paper trail.
Love the Will Rogers quote. Nice to know some folks learn from observing

 

[JETX]

I only included the Title issue on the bill of sale to be inclusive. The bottom line was whether the poster had ANYTHING in writing as to the sale to be able to bring a motion for stay with the bankruptcy court.

 

[how can u sleep]

Input appreciated

Tayla, Apology accepted-Thank you..
We foolishly entered this transaction on one's word- Only.
The spouse brought the truck to us, we paid half in check-I do have the original cashed check- which is the only evidence I have. The truck was repoed by the place where it had been purchased. When we spoke with the company, the owner wanted $10,000 over our agreed price for the hassel he encountered with the spouse.
It is my understanding that debitors who file for Chapter 13 bankruptcy-are protected even from criminal & fraudulent acts. Am I incorrect?
This is why I sought advice here mainly regarding any action that could be taken through the Bank. In my opinion, the bank employee solicited a customer, knowingly accepted & deposited funds from the customer that were from a fraudulent sale.

Is this the appropiate forum for this type of question???

Thanks to all whom have replied..

 

[JETX]

It is my understanding that debitors who file for Chapter 13 bankruptcy-are protected even from criminal & fraudulent acts. Am I incorrect?

*** No. The exclusion for fraudulent activity applies to ALL bankruptcy filings. It is found in the Code at:
"Sec. 523. - Exceptions to discharge
(a) A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt -
(2) for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by -
(A) false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor's or an insider's financial condition;
(B) use of a statement in writing -
(i) that is materially false;
(ii) respecting the debtor's or an insider's financial condition;
(iii) on which the creditor to whom the debtor is liable for such money, property, services, or credit reasonably relied; and
(iv) that the debtor caused to be made or published with intent to deceive;"
Source: http://www4.law.cornell.edu/uscode/11/523.html

the bank employee solicited a customer, knowingly accepted & deposited funds from the customer that were from a fraudulent sale.[/B]
Did this person contact you as a representative of the bank, under their name, or simply someone who worked at the bank?? If the latter, the bank has no involvement or liability.

Is this the appropiate forum for this type of question???

As it was originally asked, yes. However, since it has now diverted to an issue of bankruptcy, it should be over on that forum. Considering that it should be resolved now, its current location is really not relevant.

 

[how can u sleep]

JETX,
Sincere Thanks to you for your reply...I will now file a written objection in regard to the upcoming bankruptcy hearing.
The bank emplyee did not represent herself on behalf of the bank. My thought was maybe the banking employee rules, guidelines prevented employees from the issue I have stated.
Thanks Again!