• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Is it worth it to hire a Lawyer

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

B

blue

Guest
I recently had a payroll check returned because it required 3 signatures and it had only 2.Itwas posted in my account the day after I deposited it in the atm. So I wrote checks as normel a week later I recieved it back in the mail in the meantime I got numerous overdraft charges.The bank wont refund the charges cause they say it was not a bank error.My employer(a temporary service)at the time says its the banks fault.I had no knowledge of the money being taken out of my account until I recieved the check back in the mail. I am stuck with over 800.00 in charges.
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by blue:

I recently had a payroll check returned because it required 3 signatures and it had only 2.Itwas posted in my account the day after I deposited it in the atm. So I wrote checks as normel a week later I recieved it back in the mail in the meantime I got numerous overdraft charges.The bank wont refund the charges cause they say it was not a bank error.My employer(a temporary service)at the time says its the banks fault.I had no knowledge of the money being taken out of my account until I recieved the check back in the mail. I am stuck with over 800.00 in charges.
<HR></BLOCKQUOTE>


My response:

How do you know it requires 3 signatures? Is that "fact" evident on the face of the check? What are the arguments/reasons of the bank, and of the Temporary Service? If there is more to this situation, please relate it.

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
B

blue

Guest
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!!
 

I AM ALWAYS LIABLE

Senior Member
<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



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top