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  #1  
Old 07-20-2002, 07:25 AM
Elaine912
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Bank allowed felony


What is the name of your state? North Carolina

I will attempt to make this as breif as possible, because if I went into the complete story I would be typing for hours. I was informed by an out of state (Texas) friend that a $10,000.00 cash deposit was being put into my savings account.

The friend, her family, and another friend of theirs had arrived at my home on a Thursday evening, and the money was going to be put into my account by another person. They needed the money so they could continue with their travels. Friday afternoon they called at work and asked if the money had been deposited into my account yet. Friday evening the deposit was still not showing up. On Saturday morning I checked my online banking and sure enough it showed a $10,000.00 counter deposit. I assumed this was the cash deposit, because my saving account prior to this contained approximately $3,500.00. My friend needed spending money for the weekend, so I did an online transfer of the $10,000.00 into my checking account which contained approximately $1,600.00. I did this becaue I do not have an ATM card for my savings account. Saturday I withdrew $500.00 for them using my ATM card, and then again on Sunday I withdrew another $500.00. They said they were leaving on Monday so I could write them a check for the balance of $9,000.00.

The last time I saw them was Monday morning as I left for work. That Wednesday I had a voice message on my answering machine when I retuned home from work. The message was from my bank stating a check for $10,000.00 was being returned due to a closed account. They were charging my savings account, my checking account, and my over draft protection with for the funds.

First, I would never have given these people the money if I had known that it was a check that had been deposited. Second, why didn't the bank put a hold on the check (out of state, Texas) until the funds were verified? Why did they allow my personal check to these people to be cashed then I didn't have the funds in my account to cover the check? I asked the bank that question and was told the teller who accepted the $10,000.00 check was reprimanded for not putting a hold on the check. Also, that since I was a good customer they allowed the check to be cleared.

I have filed a complaint against these people with the North Carolina Sheriff's Department, and have also been in Contact with the Corpus Christi Police Department.

Do I have any recourse against the bank?
  #2  
Old 07-20-2002, 07:50 AM
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Join Date: Jan 2001
Posts: 12,440
It doesn't appear to me the bank broke any laws. It is bank policy, not any laws, that control the deposits of funds into accounts. The only act you mention that is a violation of the law is the person that wrote a check on a closed account. That is where you need to direct your efforts.
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