Take US Bank to small claims?

[Alphalpha]

I'm in Washington state, I have a dispute with US Bank. Over President's day weekend, including Friday and Monday, I made about 8 transactions, including US Bank ATM withdrawals. On Tuesday a large check posted, which caused me to overdraft. I knew the check was coming in on Tuesday (it was a post dated check), and unfortunately I did not have the cash to cover it until Wednesday morning. The bank processed the check first, which caused all the other transactions to overdraft. I had expected, and agree with, one overdraft fee, however I wound up with 6, totaling $300. The bank was able to give me a print out of the actual dates the smaller withdrawals were made, but said that the big check processed first as it was 'more important.'

They were not able to show me in their legal disclosures that the biggest check would post first and said that they are not required to disclose that. They also could not show me where it states that they are not required to disclose that information.

I am extremely frustrated, I have been with this bank for 5 or more years, and they will not reverse any of the charges. I don't want something for free, I just want the transactions to come through in the order I made them. Currently I am overdrawn still, I canceled my direct deposit as I need my money for other things.

They will not help me with any kind of payment plan, only told me that after 15 days in the negative their collection agency will contact me and offer me a repayment plan, meanwhile I am being charged 8 dollars a day for being negative.

What drives me nuts is that I would have a positive balance if it weren't for all their fees! I feel like a third party needs to review this, not me or US Bank, and the only options I can think of is small claims court. I am certain that this corporation is doing everything legally and I understand that I am irresponsible for attempting to 'float' this check, but this feels like a very severe punishment.

I have never been to small claims court before and I am concerned that if I lose I will be stuck paying for the bank's time or something. I honestly don't care if I win or not at this point, I think that this will at least make me feel better, but I don't want to increase the charges against me.

Thanks for reading!

 

[Antigone*]

I'm in Washington state, I have a dispute with US Bank. Over President's day weekend, including Friday and Monday, I made about 8 transactions, including US Bank ATM withdrawals. On Tuesday a large check posted, which caused me to overdraft. I knew the check was coming in on Tuesday (it was a post dated check), and unfortunately I did not have the cash to cover it until Wednesday morning. The bank processed the check first, which caused all the other transactions to overdraft. I had expected, and agree with, one overdraft fee, however I wound up with 6, totaling $300. The bank was able to give me a print out of the actual dates the smaller withdrawals were made, but said that the big check processed first as it was 'more important.'

They were not able to show me in their legal disclosures that the biggest check would post first and said that they are not required to disclose that. They also could not show me where it states that they are not required to disclose that information.

I am extremely frustrated, I have been with this bank for 5 or more years, and they will not reverse any of the charges. I don't want something for free, I just want the transactions to come through in the order I made them. Currently I am overdrawn still, I canceled my direct deposit as I need my money for other things.

They will not help me with any kind of payment plan, only told me that after 15 days in the negative their collection agency will contact me and offer me a repayment plan, meanwhile I am being charged 8 dollars a day for being negative.

What drives me nuts is that I would have a positive balance if it weren't for all their fees! I feel like a third party needs to review this, not me or US Bank, and the only options I can think of is small claims court. I am certain that this corporation is doing everything legally and I understand that I am irresponsible for attempting to 'float' this check, but this feels like a very severe punishment.

I have never been to small claims court before and I am concerned that if I lose I will be stuck paying for the bank's time or something. I honestly don't care if I win or not at this point, I think that this will at least make me feel better, but I don't want to increase the charges against me.

Thanks for reading!

You are not going to win any suit against US Bank with regards to this matter.

Ask the bank for a copy of the depository agreement you were given five years ago when you opened your account.

You have been held accountable the items that rejected from your account and rightly so.

There are many several thread with regards to the posting order of your items. You can take the time to read them if you want, but the bottom line is the bank can pay the items in the order they desire. Most banks pay largest to smallest.

At the end of the day, the posting order does not matter if you have enough funds to cover the checks you've written and the debits you've authorized.

If you don't like the way US Bank operates, find another bank.

 

[tgp3]

In King County you can go to any district court house an file a small claim dr $25. It's almost guaranteed uS Bank will call to settle for the full amount (be sure to tell them they're paying your filing fee also). Don't worry about going to court and losing, at $300 an hour, US bank won't even consider sending out an attorney to fight over this.

If you had questions just ask, I just filed one last week against BofA for the same thing

 

[Zigner]

In King County you can go to any district court house an file a small claim dr $25. It's almost guaranteed uS Bank will call to settle for the full amount (be sure to tell them they're paying your filing fee also). Don't worry about going to court and losing, at $300 an hour, US bank won't even consider sending out an attorney to fight over this.

If you had questions just ask, I just filed one last week against BofA for the same thing

You come one here and, with your first post, manage to give totally inaccurate advice? Not to mention that fact that the OP is long gone...

 

[Antigone*]

You come one here and, with your first post, manage to give totally inaccurate advice? Not to mention that fact that the OP is long gone...

Another candidate for the turnip truck.

Post #2 for this idiot will be "how come this showed up on my credit report and how do I get it off?"

 

[racer72]

In King County you can go to any district court house an file a small claim dr $25. It's almost guaranteed uS Bank will call to settle for the full amount (be sure to tell them they're paying your filing fee also). Don't worry about going to court and losing, at $300 an hour, US bank won't even consider sending out an attorney to fight over this.

If you had questions just ask, I just filed one last week against BofA for the same thing

Your ignorance is showing. US Bank will not walk away from this. In fact, what they will do is hire an attorney to defend this frivoulous lawsuit. The first thing the attorney will do is ask that the lawsuit be moved to a superior court so they can properly defend their client and the judge will agree. Then when the OP loses, he will be asked to pay the attorney and court costs incurred by the defendent. If US bank was to agree to waive these perfectly legal fees for one customer, they will have to do it for all and that could cost them thousands of dollars in profit a day. For that reason, they will vigorously defend this lawsuit. BTW, I live in King County and have attended quite a few small claims court sessions. I have seen this exact same scenario at least a couple dozen times.