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  1. #1
    berries101 is offline Junior Member
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    unauthorized cashing of money order?

    What is the name of your state (only U.S. law)? CA

    I mailed a money order made out to Bank Of America to pay for my credit card. A few weeks later BoA charged me a late payment fee b/c they didn't receive the money order. I went and filed a money order claim to see if the money order was cashed and it was. But BoA said they never cashed it.

    My question is...can anyone besides BoA cash out a money order paid to BoA? I have a copy of the money order and the signature of the person who cashed it. I also have proof of the date the money order has been mailed and when it has been cashed. Should BoA be responsible for this b/c the money order was clearly made out to them.

    Thanks for the advice.
  2. #2
    aldaron is offline Member
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    Until bank recieves the payment your bill isn't considered paid. This applies to rent etc. MOs suck when theres a scenario like yours. Its possible they made a mistake but they will need to investigate furthur. You said you know who cashed it, WAS IT BofA? If not youll need to file a police report and let the police investigate it and file charges, then small claims court is your next step. Its been my experience most thieves do not have many assets to go after.
  3. #3
    berries101 is offline Junior Member
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    So it's true that someone besides BoA can cash out a money order made out to BoA? Call me naive, but I thought that wasn't possible. What bank teller would cash out a check made to Bank of America?..Hmmm..Any opinions from anyone?

    BTW, no BoA did not cash it.
    Last edited by berries101; 10-03-2010 at 01:10 PM.
  4. #4
    Dave1952 is offline Member
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    You are correct in that no one but BoA should have been able to cash this money order if it was made out to BoA. But someone did and BoA did not get paid. You still owe BoA and there may be a late fee.
    Report this mess to whomever issued the money order. They should return your money and chase after the bank or store which cashed this money order. The folks who handed out the cash for this MO will be left holding the bag cause they screwed up.
    I'd not be surprised if it takes you several weeks to get your money back.

    Good luck
  5. #5
    cosine is offline Senior Member
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    File a police report. Send a copy to BoA. If BoA has acquired any sense they will realize this is not your fault and waive the late fee if you paid again as promptly as possible. Any reasonable bank would. But this is BoA so don't count on it.
  6. #6
    Antigone* is offline Senior Member
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    Quote Originally Posted by cosine View Post
    File a police report. Send a copy to BoA. If BoA has acquired any sense they will realize this is not your fault and waive the late fee if you paid again as promptly as possible. Any reasonable bank would. But this is BoA so don't count on it.
    The "big evil bank" does not care and has absodanglutely no need for the police report. OP needs to pay his card, end of story.
  7. #7
    cosine is offline Senior Member
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    Quote Originally Posted by Antigone*of*Greece View Post
    The "big evil bank" does not care and has absodanglutely no need for the police report. OP needs to pay his card, end of story.
    "OP needs to pay his card, pay it all off, close the account, and then open a new one at a "small good bank" ... there, fixed it for you.

    Had the OP been with another bank that was not a "big evil bank", that bank would have looked at the evidence, and the fact that the OP filed a police report (if that had been done), and figure there was a bad situation for what is likely to be an otherwise good customer (the account records might show that), and work with the customer to help them deal with it. That's why I now have my money at a "small good bank" (usually using one of their two branches).

    The bold in the quote is my emphasis.

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