<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by blue:
The check states on the front if it is over a certain doller amount it requires 3 signatures.The bank says that the temp service put the stipulations on the check and there bank returned the check so it is not a bank error and they wont refund the charges.The temp service says the bank should have noticed it didnt have 3 signatures and never credited it to the account in the first place.The manager at the temp service said the teller should have noticed it. But I deposited it at a atm. A couple of days later it was added to my account so I had no reason to think that it would taken out.It took a little over a week for me to recieve it back in the mail(it was arround christmas time) by that time I had wrote numerous checks.I reside in CO. THANK YOU!!<HR></BLOCKQUOTE>
My response:
Your bank was within its rights under the Uniform Commercial Code. Your bank rejected the check because it was incomplete and, if your bank paid the check, it would have given the payer bank a basis for objection - - that being, of course, a missing signature. Your bank did not want to be in the position of a "collection agency" going after you and/or the drawer, or to become a "holder in due course." It is far easier for your bank to merely reject the check. However, you are also partly to blame for this set of circumstances. You saw the writing on the check from the Payor Temp Service; however, you attempted to cash the check anyway. Your recourse was to initially reject the check yourself, and have the Temp Service sign the third signature. But, since the Temp Service cannot circumvent their own rules, and potentially cause a situation like yours, they must take some responsibility. I would write a letter to them demanding 50% reimbursement of the overdraft fees (send copies of the charges). If they fail to pay you within a reasonable time, file in Small Claims Court.
IAAL
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