No.
This is not legal advice — only a copy of my suit
JOHN "X"
Plaintiff,
V.
BANK OF AMERICA
Defendant.
In the justice court
Of jefferson county, texas
pct. 1, plc. 1
PLAINTIFF'S ORIGINAL PETITION
COMES NOW Plaintiff, John "X", complaining of the conduct of Defendant Bank of America and, in support thereof, respectfully shows as follows:
I
VENUE, PARTIES, AND DISCOVERY CONTROL PLAN LEVEL 1
This suit involves only monetary relief within the jurisdictional limits of this court, the total amount of which excluding costs, pre-Judgment interest and attorneys' fees, is an amount less than $50,000.00 and any discovery is intended to be conducted under the Level 1 discovery limitations Rule 190.2, Texas Rules of Civil Procedure.
II
Plaintiff, JOHN "X", is a private citizen of Texas and may be served at (deleted)
III
Defendant, BANK OF AMERICA (Bank), is a nationally chartered bank doing business at the following address, where The Defendant may be served with process, at 265 Dowlen Rd, Beaumont Texas 77706 by serving Marianne McGlone, Assistant Vice President. (409) 860-2434
IV
Venue is proper in Jefferson County, and in this Court, as the Plaintiff seeks only money damages in an amount less than five thousand dollars except as otherwise allowed by law. If this cause goes to trial the Plaintiff requests a Jury.
FACTS
V
In August Mr. "X"opened a checking account with the Bank for the direct deposit his of Social Security (SS) disability payments. Since that time, almost all monies deposited in the account have been from SS disability.in the past several months, the Bank approved charges made on the Plaintiff's Visa check-card, in effect saying, Yes. The money is there, later claimed the charges created an overdraft, and charged the Plaintiff's account thirty to thirty-three dollars for each transaction. The total of the illicit charges is $439.00. Many of the amounts paid under the Bank's overdraft policy were well under the $30 charge paid for them some as low as $1.18, $2.15 and $5.24 $90.00 for $8.57. This is 350.06% interest charged per day 12,6021.05% interest per year.
The point of using a check card instead of writing a paper check is to avoid the possibility of overdrawing the account; if there are insufficient funds decline the check-card charge. The Bank is raking in vast amounts of money by approving paltry charges on the check-card charges that should have been declined.
Who in their right mind would pay $30.00 for a $2.15 loan? Later, the Bank says the funds were not available at the time of the transaction, so the Bank can charge $30 to $33 fees on meager sums.
CAUSES OF ACTION
VI
COUNT 1
The Defendant's deduction (attachment) of overdraft charges from funds clearly discernable as SS Disability Benefits violates 42 U.S.C. 407 so Phelan is entitled to get his money back.
42 U.S.C. 407 [UNITED STATES CODE] {Excerpt}
Assignment of [Social Security] benefits [payments]
(a) In general
The right of any person to any future payment under this subchapter shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.
VII
COUNT 2
The Bank's incredible service charges in relation to the miniscule amounts advanced are so outrageous they shock the sensibilities of a reasonable citizen, are therefore unconscionable, and must be declared void as against public policy.
VIII
COUNT 3
The Bank deliberately arranges multiple checks, debit card, and check card payments received on the same business day so as to create the greatest possible charge to the customer instead of paying the most possible charges, thus minimizing the amount of fees something the computers have been intentionally programmed to do; this constitutes a continuing conspiracy by the Bank and it's officers' to charge customers extraordinary and illegal interest on short term loans pretending to be service fees.
IX
PRAYER FOR RELIEF
ALL THINGS CONSIDERED, plaintiff respectfully prays that this Court grant him a money judgment against the Defendant Bank for $777.00 (Seven Hundred Seventy Seven Dollars) which is actual damages of $439.00, as well as compensation for his time and research expenses preparing this case pro se (acting as his own attorney) of $338.00, and all the necessary costs of this suit, with the maximum amount of pre-and post-judgment interest allowed by law.
ATTEST: Everything in this Complaint is true to the best of my knowledge and belief, So Help Me God.
Respectfully submitted,
May 22
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