This didn’t happen to me but to someone I know. He was physically abused by his wife, and after he left the room, she took his phone, accessed it, and transferred $5000 to herself through Wells Fargo. That was all the money he had, and he was planning to use it to buy a car to get a job. He’s been having trouble finding work because he’s overqualified. They have 3 kids, and she isn’t contributing to the bills, so that money is not going to the household. This wasn’t a joint account. Wells Fargo is refusing to reimburse him and says it’s his fault for not securing his phone. She had never done anything like this before, so he didn’t see it coming. What can he do now?
Divorce. You said ‘wife.’ Good luck trying to get the money back. Either you get the best marriage counselor out there or start the divorce process… or pay a lot more and try both.
Morgan said:
Divorce. You said ‘wife.’ Good luck trying to get the money back. Either you get the best marriage counselor out there or start the divorce process… or pay a lot more and try both.
Yep, if they’re married, that’s considered THEIR money, not just HIS money.
Wells Fargo or any bank will tell you that if someone has enough access to log into your bank account, it’s like you gave them permission. They’ll hide behind this excuse. Your friend needs to go to the police and courts to get this resolved.
@Morgan
That’s true and makes sense, lol. The money is ‘gone.’ When you’re married, the law sees it as shared money.
Hale said:
@Morgan
That’s true and makes sense, lol. The money is ‘gone.’ When you’re married, the law sees it as shared money.
It doesn’t even have to be a spouse. If the bank sees someone accessing the account from a trusted device, it assumes it was allowed.
@Morgan
Thanks for the info.
The police probably won’t help, they’ll say it’s a civil matter. And small claims court might not work because it’s likely considered marital property. He should either demand the money back or start the process of counseling or divorce.
Zelle isn’t going to do anything. If your ‘friend’ gave his spouse access to his account, they won’t see it as fraud.
Quincy said:
Zelle isn’t going to do anything. If your ‘friend’ gave his spouse access to his account, they won’t see it as fraud.
Lol, if you think I’m the ‘friend,’ I’m not. I’m genuinely asking for him because he doesn’t have an account on this forum.
@Micah
That’s fine. A lot of people come here asking ‘for a friend.’
Quincy said:
@Micah
That’s fine. A lot of people come here asking ‘for a friend.’
Does it really matter if they’re asking for themselves or someone else though?
Quincy said:
@Micah
That’s fine. A lot of people come here asking ‘for a friend.’
Does it really matter if they’re asking for themselves or someone else though?
It doesn’t.
Quincy said:
@Micah
That’s fine. A lot of people come here asking ‘for a friend.’
Does it really matter if they’re asking for themselves or someone else though?
Nope.
All he can do is file a police report. Wells Fargo doesn’t owe him anything since there’s no fraud involved.
Lex said:
All he can do is file a police report. Wells Fargo doesn’t owe him anything since there’s no fraud involved.
Fraud is defined as wrongful or criminal deception for personal gain. How is this not fraud?
@Andi
It’s his wife. Unless they had a prenup, it’s probably considered community property, even if it’s not a joint account. The police likely won’t do anything either.
@Andi
The transaction isn’t fraudulent from the bank’s perspective. It was authorized with the correct credentials from the account holder’s device. It’s a police matter now.
@Andi
Depends on the state. In some places, it’s considered a civil issue between spouses if she had access before.
@Andi
No one’s going to take it seriously if they live together, are married, and no police report has been filed.