Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Banking & Credit Cards

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 08-31-2005, 08:43 PM
Junior Member
 
Join Date: Aug 2005
Posts: 4

Bank Mistake is Now Considered My Mistake


What is the name of your state? Arizona

I made 2 deposits to my checking account at Compass Bank last week. I used 2 deposit slips as I had several checks to list. I told the teller to go over my deposit figures & confirm that my totals were correct. She they were correct & issued 2 deposit receipts to me for the correct totals.

I went on vacation for a week & came home to a letter saying that there had been an "Adjustment" in my account as "a check was listed but not enclosed."
I stood there and watched the teller take my checks, confirm my totals & give me a receipt. Now they say it is my fault if a check is missing and unless I can tell them who the check was from, it will remain deducted from my account.

I am running a small business & had approximately 8 checks that I deposited, some of which were personal as well. I have no idea who the check in question was from.

What are my legal rights & what do I do to recover my money?

Tahiti
  #2  
Old 08-31-2005, 09:00 PM
Senior Member
 
Join Date: Jun 2004
Location: Connecticut
Posts: 3,591
Quote:
Originally Posted by tahiti
What is the name of your state? Arizona

I made 2 deposits to my checking account at Compass Bank last week. I used 2 deposit slips as I had several checks to list. I told the teller to go over my deposit figures & confirm that my totals were correct. She they were correct & issued 2 deposit receipts to me for the correct totals.

I went on vacation for a week & came home to a letter saying that there had been an "Adjustment" in my account as "a check was listed but not enclosed."
I stood there and watched the teller take my checks, confirm my totals & give me a receipt. Now they say it is my fault if a check is missing and unless I can tell them who the check was from, it will remain deducted from my account.

I am running a small business & had approximately 8 checks that I deposited, some of which were personal as well. I have no idea who the check in question was from.

What are my legal rights & what do I do to recover my money?

Tahiti
Unfortunately, this does happen and legally there is nothing that you do about it. The problem is that the bank MAY have received this check, but it got lost in the shuffle. The only way they would be able to find it among the hundreds of thousands (or more) of checks they receive every day is if you are able to provide an account number to them. I understand that you don't know the account number, but I'm just explaining why they need it.

If you have an Account Officer or Relationship Manager assigned to your accounts you might want to contact them. If the check is for an odd amount, say $256.37 for example, they might be willing to do a little research to locate it for you. If it is for a common amount such as $500 you are pretty much out of luck.

Just out of curiosity, what is the amount of the check?
__________________
I've no time for broads who want to rule the world alone. Without men, who'd do up the zipper on the back of your dress? - Bette Davis
  #3  
Old 08-31-2005, 09:37 PM
Junior Member
 
Join Date: Aug 2005
Posts: 4

Bank Mistake Has Now Been Considered My Mistake


Fortunately, it was not for that much money - $31 but it is the principle now as I did make the deposit & have the deposit slip & I did ask the teller to confirm my deposit amount which she didl.

Tahiti
  #4  
Old 08-31-2005, 09:45 PM
Senior Member
 
Join Date: Jun 2004
Location: Connecticut
Posts: 3,591
Quote:
Originally Posted by tahiti
Fortunately, it was not for that much money - $31 but it is the principle now as I did make the deposit & have the deposit slip & I did ask the teller to confirm my deposit amount which she didl.

Tahiti
I understand that you are upset, but keep in mind that this is probably not the teller's fault. The teller accepts your deposits, verifies it and runs the transaction, gives you a receipt and then puts the deposit with the rest of her work. At the end of the day she sends all of her work down to Items Processing who then actually "hard post" the deposit to your account. IP departments make errors and misplace checks sometimes. It happens at all banks.

I always recommend that you make copies of checks before you deposit them just in case something like this happens. I know it doesn't help you now, but you may want to start this practice. As you have now learned, it can come in handy.
__________________
I've no time for broads who want to rule the world alone. Without men, who'd do up the zipper on the back of your dress? - Bette Davis

Last edited by Veronica1228; 08-31-2005 at 09:48 PM.
  #5  
Old 08-31-2005, 10:19 PM
Junior Member
 
Join Date: Aug 2005
Posts: 4

Bank Mistake Has Become My Mistake


Hi Veronica,

You are so right about making copies of the checks - normally, I note the amount & who it was from & do each deposit separately so I have a record of it. This, of course, is the first time that I didn't do that as I was going on vacation the next day and was very busy.

I'm sure I will do that in the future.

Thank you for your advice. Have a pleasant evening!

Marilyn
  #6  
Old 09-03-2005, 07:46 PM
Junior Member
 
Join Date: Aug 2005
Posts: 4
Red face

Bank Mistake Has Become My Mistake


Hi Veronica,

I Wanted To Let You Know That The Bank Called & Has Decided That They Are Going To Put My Money Bank Into My Account "since It Was A Small Sum. Had It Been Larger Like $100, They Would Have To Do More Paperwork To Find Out What Happened To The Check."

A Good Move On Their Part As I Was Not Only Going To Talk To My Attorney But Also Talk To A Television Newstation That Handles Consumer Complaints & They Knew I Was Not Going To Give Up Without A Fight.

Tahiti
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 12:50 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.