this bank fraudulently misrepresenting her with a letter thanking her for calling them with approval to transfer the funds to them to cover the debt. She is in a skilled nursing facility - never made the call and the banks exploitation of an elderly person is taking place. What can I do to have the funds returned to her acct - she will be forced into medicaid if these funds are not returned HELP!
The transferred funds were used by the bank on a debt occurred on my llc business line of credit. I had been in negiations with the bank at the time.
Personal Injury Lawyer
As a general matter, assuming the bank had no authorization, there would be a valid claim to have all money returned and potential damages for elder abuse. But that is a broad generalization of the claim here.
Fraud cases, especially involving elderly individuals, need quick attention from skilled attorneys. There is really not enough information provided to say "yes" definitely or "no" that the bank has over-reached. But to ensure that your mother is protected, contact the state bar immediately and ask for names of pro bono agencies that assist people with elder law claims. Also, make sure you maintain all of the records, keep notes of all conversations with the banks, and immediately write down your recollection of all facts and happenings to date. These records will be crucial once you are able to speak with an attorney.
I wish you all the best in this matter and hope it works out.
Nothing in this message should be construed as legal advice nor should the questioner act upon any of the information provided here. The attorney strongly encourages the questioner to seek independent legal counsel before acting.