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  1. #1
    FRANKIE143 is offline Junior Member
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    Question can i sue my bank?

    CALIFORNIA: So i am one of those fools that fell for an online scam. That was my fault. But i believe my bank did not protect me in any way from keeping this from happening. In fact i think they enabled it. So after i received the "fraud" check in the mail i took it to my bank (Bank of America) thinking they could verify if any one can that the check was valid or not. The teller asked how i wanted my bills and handed over the money. A week later i went to take out $50 of my own money not associated in any way with this check and the teller told me that a check had bounced on my account, and that i had a owed amount of $2800 (amount of the check). I asked why was there not verification preformed on the check before the teller just handed over the money?? The manager stated that it is often a courtesy for good customers not to verify funds and give the customer the cash. So for being a good customer i get a lack of protection?? I would assume that all bank tellers are trained to know when a check is suspicious. Also i know with my other bank, it doesn't matter what type of check it is, even a check from my employer, they put a hold on it for my security and to verify funds. I feel like this bank allowed me to screw myself by not protecting me in an area they are trained to protect me in. Does anyone know how i deal with this issue since the bank closed my account, expects me to pay the full amount back, and ruined my credit so that i cannot open an account anywhere in the us for the next ten years!! I didn't get any of the money, filed a police report and tried to resolve the issue with the banks check fraud agency.? Who was very rude as if i had made this check and done this myself. Can i sue my bank for not protecting me?? Or for being a good customer and not receiving proper security from my bank?? I really don't want any money, i just don't want to owe them and they will not accept responsibility for this issue. Thank you for reading.What is the name of your state (only U.S. law)?
    Last edited by m martin; 08-31-2010 at 10:28 AM.
  2. #2
    Proserpina is offline Senior Member
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    Well, sweetcheeks the bank owes you absolutely nothing.

    You got scammed - now you want to sue them because they've previously treated you with courtesy and because YOU didn't act with due diligence?

    It's not their problem. You either pay 'em back, or deal with the consequences.
    Last edited by m martin; 08-31-2010 at 10:28 AM.
  3. #3
    Country Living is offline Senior Member
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    Never - NEVER - provide personal identifying information on forum-type websites.
    Last edited by m martin; 08-31-2010 at 10:28 AM.
  4. #4
    Antigone* is offline Senior Member
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    So what did you do with the money from the check you cashed only a few days prior?
    Last edited by m martin; 08-31-2010 at 10:29 AM.
  5. #5
    Antigone* is offline Senior Member
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    Ok, not that I am back at a real computer:

    Quote Originally Posted by FRANKIE143 View Post
    CALIFORNIA: So i am one of those fools that fell for an online scam. That was my fault. But i believe my bank did not protect me in any way from keeping this from happening.
    Yes you are a fool, and yes this is your fault. It is not the bank's job to protect you. They are hired by you and others to hold your money and give it to you as instructed, on demand when it is available.

    In fact i think they enabled it. So after i received the "fraud" check in the mail i took it to my bank (Bank of America) thinking they could verify if any one can that the check was valid or not. The teller asked how i wanted my bills and handed over the money.
    Had you gone to the teller line and been turned away for no good reason, you'd be screaming and yelling that the bank is not providing you the service you have hired them to perform. It is not the bank's job to analyze every check that you deposit. It is however your job to know the source of funds you are receiving.

    A week later i went to take out $50 of my own money not associated in any way with this check and the teller told me that a check had bounced on my account, and that i had a owed amount of $2800 (amount of the check). I asked why was there not verification preformed on the check before the teller just handed over the money??
    Again, it is not the bank's job to know your source of funds.

    The manager stated that it is often a courtesy for good customers not to verify funds and give the customer the cash. So for being a good customer i get a lack of protection??
    No for being a good customer you got immediate access to money you claimed to have known the source of (read your depository agreement).

    I would assume that all bank tellers are trained to know when a check is suspicious.
    You know what happens when you assume.

    Also i know with my other bank, it doesn't matter what type of check it is, even a check from my employer, they put a hold on it for my security and to verify funds. I feel like this bank allowed me to screw myself by not protecting me in an area they are trained to protect me in.
    Hold policies vary by bank but must not fall outside the guidelines set forth by Reg CC

    Does anyone know how i deal with this issue since the bank closed my account, expects me to pay the full amount back, and ruined my credit so that i cannot open an account anywhere in the us for the next ten years!!
    Yes, pay the bank back, since you rightly owe them the money. Why do you need another account, you said you have an account at another bank?

    I didn't get any of the money, filed a police report and tried to resolve the issue with the banks check fraud agency.?
    Liar liar pants on fire ~ BIG TIME ~ if you didn't get any of the money, what in haedes did the teller give you, concert tickets

    Who was very rude as if i had made this check and done this myself. Can i sue my bank for not protecting me??
    You have no one to blame but yourself.

    Or for being a good customer and not receiving proper security from my bank?? I really don't want any money, i just don't want to owe them and they will not accept responsibility for this issue. Thank you for reading.What is the name of your state (only U.S. law)?
    You are not a good customer since you have defrauded the bank. In fact you are a bank's worst nightmare. You are responsible to protect your own funds and the fact that you won't take responsibility for your own actions leads me to conclude that you got what you deserve.
    Last edited by m martin; 08-31-2010 at 10:29 AM.
  6. #6
    debtcollector` is offline Senior Member
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    Quote Originally Posted by FRANKIE143 View Post
    ... I feel like this bank allowed me to screw myself by not protecting me in an area they are trained to protect me in.
    1. The bank is not trained to protect you. It protects itself. You protect yourself.
    2. If you are truly incompetent to handle your affairs, you might seek professional help through an appropriate residential facility.
    3. Or, you could take responsibility for yourself and your own actions and learn from this.


    DC

    PS To answer your question: Yes, you could sue. No, you won't win. Not even in the-state-is-my-nanny California.
  7. #7
    Antigone* is offline Senior Member
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    Quote Originally Posted by debtcollector` View Post
    1. The bank is not trained to protect you. It protects itself. You protect yourself.
    2. If you are truly incompetent to handle your affairs, you might seek professional help through an appropriate residential facility.
    3. Or, you could take responsibility for yourself and your own actions and learn from this.


    DC

    PS To answer your question: Yes, you could sue. No, you won't win. Not even in the-state-is-my-nanny California.
    Whose you're nanny
  8. #8
    Proserpina is offline Senior Member
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    Quote Originally Posted by Antigone*of*Greece View Post
    Whose you're nanny


    I rather prefer SuperNanny myself.

    It's the accent, you know.
  9. #9
    CourtClerk is offline Senior Member
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    Quote Originally Posted by Antigone*of*Greece View Post
    Whose you're nanny
    LMAOOOOOOOO *dead*
  10. #10
    callie212 is offline Member
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    NO you cannot sue you're bank for this. Err..correction, you can sue them, sure. You won't benefit from it.

    The smartest thing to do is to bring the cash back to the bank that the teller so kindly handed you when you cashed the check to get your account out of the red. But I'm assuming you no longer have that money, right?

    Banks do not have to protect you and although they appear to protect you, they are really protecting themselves. By protecting customers, it results in protecting themselves. Look at your situation. Who is out $2800 right now? Not you, THE BANK. Banks just try to protect their customers because a lot of the time they end up taking the loss when the customer is the center of a scam.

    And most fraudulent checks (ones drawn on fake accounts) are very hard to identify without running it through the system or calling the other bank. Unless there is a lot of them with certain features that have been identified as fake, the teller isn't going to know. Do you know how many checks Bank of America cashes/deposits each day? They would loose way more money verifying all those checks than just taking the loss on the ones they can't collect on. A bank is a business.

    The people you have been dealing with and whom you claim are very rude like you were the criminal were probably acting like that because of the way you are presenting the situation as if the bank is at fault. I'm not advocating that its appropriate to talk to a customer in any way but respectful and empathetic to their situation, but this probably would not have been how the conversation went if you didn't blame them for what happened to you.

    I'm sorry you got scammed. It happens to a lot of people. You need to be careful dealing with online transactions. Depending on how long ago this happened, this may not show up in ChexSystems yet and you should open a new account at another bank now before it does. If you don't pay them back, don't be surprised when they get a judgement for the amount owed and levy your new bank account on payday to recover their funds.
  11. #11
    You Are Guilty is offline Senior Member
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    Quote Originally Posted by FRANKIE143 View Post
    I feel like this bank allowed me to screw myself by not protecting me in an area they are trained to protect me in.
    As noted, "allowing" you to screw yourself is not illegal in California....




    ... yet
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.
  12. #12
    FRANKIE143 is offline Junior Member
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    JUST WANT TO SAY THANKS callie212 FOR YOUR REALISTIC RESPONSE. AS TO ALL YOU OTHER SARCASTIC JERKS THANKS FOR BEING JERKS ESPECIALLY YOU. Antigone*of*Greece
    I REALIZE THAT I WAS SCAMMED AND KNOW ONE ELSE CAUSED THIS UPON MYSELF BUT ME. THE POINT WAS THAT ONE WOULD PRESUME THAT BANKS ARE TRAINED TO RECOGNIZE FALSE CURRENCY AND WOULD PROTECT ME TO A CERTAIN EXTENT.
    I COULD NOT RETURN THE FUNDS TO THE BANK BECAUSE I FORWARDED IT TO SOMEONE ELSE IN ANOTHER STATE AS DIRECTED BY MY FAKE EMPLOYER. AGAIN, NOT SO SMART BUT AS A RESULT I GAINED NOTHING FROM THIS INCIDENT. ONLY DEBT TO MY BANK.
    I WANTED TO OPEN AN ACCOUNT AT A BANK BECAUSE I HAVE A CREDIT UNION AND THAT WAS MY BANK. NOW I ONLY HAVE A CREDIT UNION. AND SO WHAT IF I LIKE TO HAVE TWO ACCOUNTS.
    OBVIOUSLY I HAVE LEARNED FROM THIS MR. DEBTCOLLECTER', NO NEED TO BE JUDGEMENTAL. AN HONEST PERSON FALLING FOR A SCAM DOES NOT MEAN THEY ARE INCOMPETENT.
  13. #13
    Zigner is offline Senior Member
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    Quote Originally Posted by FRANKIE143 View Post
    JUST WANT TO SAY THANKS callie212 FOR YOUR REALISTIC RESPONSE. AS TO ALL YOU OTHER SARCASTIC JERKS THANKS FOR BEING JERKS ESPECIALLY YOU. Antigone*of*Greece
    I REALIZE THAT I WAS SCAMMED AND KNOW ONE ELSE CAUSED THIS UPON MYSELF BUT ME. THE POINT WAS THAT ONE WOULD PRESUME THAT BANKS ARE TRAINED TO RECOGNIZE FALSE CURRENCY AND WOULD PROTECT ME TO A CERTAIN EXTENT.
    I COULD NOT RETURN THE FUNDS TO THE BANK BECAUSE I FORWARDED IT TO SOMEONE ELSE IN ANOTHER STATE AS DIRECTED BY MY FAKE EMPLOYER. AGAIN, NOT SO SMART BUT AS A RESULT I GAINED NOTHING FROM THIS INCIDENT. ONLY DEBT TO MY BANK.
    I WANTED TO OPEN AN ACCOUNT AT A BANK BECAUSE I HAVE A CREDIT UNION AND THAT WAS MY BANK. NOW I ONLY HAVE A CREDIT UNION. AND SO WHAT IF I LIKE TO HAVE TWO ACCOUNTS.
    OBVIOUSLY I HAVE LEARNED FROM THIS MR. DEBTCOLLECTER', NO NEED TO BE JUDGEMENTAL. AN HONEST PERSON FALLING FOR A SCAM DOES NOT MEAN THEY ARE INCOMPETENT.
    Would you like some cheese with that whine?
  14. #14
    Antigone* is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    Would you like some cheese with that whine?
    Hey, I thought I was buying

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