Cashing a check

[Ilinfoplz]

What is the name of your state (only U.S. law)? IL
I didn't know where to post this but thought this might be the closest.

I received a check for $3900 last Wednesday. I went to the nearby bank and cashed the check. I do not have an account there but for a fee they will cash checks.

I received a call yesterday from the bank saying that the check came back insufficient funds and that I had to bring them back the money that they gave me within 24 hours.

My question is: Can they do that? Do I have to take the money back to the bank?

 

[racer72]

Yes, you must return the money. Then you can go after the check writer for reimbursement.

 

[swalsh411]

By chance were you sent this check from somebody you never met who instructed you to wire a portion of it back to them and keep the remainder for yourself?

 

[Antigone*]

What is the name of your state (only U.S. law)? IL
I didn't know where to post this but thought this might be the closest.

I received a check for $3900 last Wednesday. I went to the nearby bank and cashed the check. I do not have an account there but for a fee they will cash checks.

I received a call yesterday from the bank saying that the check came back insufficient funds and that I had to bring them back the money that they gave me within 24 hours.

My question is: Can they do that? Do I have to take the money back to the bank?

Did you use the bank where the depositor had their account? Meaning you got a Wells Fargo check and you cashed it at a Wells Fargo?

 

[diy4law]

My understanding is if the check is cashed they have to go after the writer of the check. Usually with a check that size they guarantee the money before they will cash it for you. If you deposited in your own bank account and the check is returned you will be responsible to go after the person who wrote the check to you. If you catch this at the bank that it was written from I don't believe you need to return the money. Seems like their error.

 

[Zigner]

My understanding is if the check is cashed they have to go after the writer of the check.

Post a cite...

 

[Antigone*]

Post a cite...

I am basically in agreement with diy here ~ if the account holder (check issuer) banks at the institution where the OP cashed the check and the OP does not. Why on earth would the bank cash a check if funds were not available. I would especialy question why a bank would CASH an item for a non-depositor if the issuer did not have an account AND if the payee did not have an account.

If the "nearby bank" is the OP's bank, then the bank used HIS account as recourse for the check and the OP is responsible to the bank to pay the item.

 

[Zigner]

I am basically in agreement with diy here ~ if the account holder (check issuer) banks at the institution where the OP cashed the check and the OP does not. Why on earth would the bank cash a check if funds were not available. I would especialy question why a bank would CASH an item for a non-depositor if the issuer did not have an account AND if the payee did not have an account.

If the "nearby bank" is the OP's bank, then the bank used HIS account as recourse for the check and the OP is responsible to the bank to pay the item.

Anti - that's NOT what diy said...

 

[Antigone*]

Anti - that's NOT what diy said...

You are right, I know I shouldn't assume what he was "trying" to say. He did use all the wrong terminology. i.e.

Usually with a check that size they guarantee the money before they will cash it for you

I took this to mean that the bank will memo post the debit to the accountholder's account upon cashing of the check (that is standard procedure at our bank ~ especially if the person cashing the check is a non-depositor)

 

[Ilinfoplz]

They told me when I cashed it that they verified the funds. It was from a different bank but I assumed they called because they took the check and went into an office for about 10 minutes then when they came back they gave me the cash.

It was supposed to be for child support from my ex, but it did not come from CSE it came from him directly. He lives in NV and I live in IL. It came with a letter that said he was paying that amount because if he didn't he would go to jail (he actually owes aroune $24000).

I don't bank there myself but my parents do and my aunt works there. I just don't understand why they don't go after him instead of having me bring the money back.

 

[swalsh411]

TI just don't understand why they don't go after him instead of having me bring the money back.

Because you have their money, not your ex.

 

[Antigone*]

They told me when I cashed it that they verified the funds. It was from a different bank but I assumed they called because they took the check and went into an office for about 10 minutes then when they came back they gave me the cash.

It was supposed to be for child support from my ex, but it did not come from CSE it came from him directly. He lives in NV and I live in IL. It came with a letter that said he was paying that amount because if he didn't he would go to jail (he actually owes aroune $24000).

I don't bank there myself but my parents do and my aunt works there. I just don't understand why they don't go after him instead of having me bring the money back.

I see what happened. Your aunt stuck her neck out for you. If you do not pay them pack, the banking center will take a loss and your aunt could lose her job.

I would never stick my neck out there like that for a relative. It is career suicide and could hurt the family dynamics as well.

 

[justalayman]

It was supposed to be for child support from my ex, but it did not come from CSE it came from him directly. He lives in NV and I live in IL. It came with a letter that said he was paying that amount because if he didn't he would go to jail (he actually owes aroune $24000).
.

so your ex wrote a bad check. Give your aunts bank the money back. Then contact the police and report the bad check.

 

[cyjeff]

My understanding is if the check is cashed they have to go after the writer of the check. Usually with a check that size they guarantee the money before they will cash it for you. If you deposited in your own bank account and the check is returned you will be responsible to go after the person who wrote the check to you. If you catch this at the bank that it was written from I don't believe you need to return the money. Seems like their error.

Your understanding is incorrect.

 

[Ilinfoplz]

I see what happened. Your aunt stuck her neck out for you. If you do not pay them pack, the banking center will take a loss and your aunt could lose her job.

I would never stick my neck out there like that for a relative. It is career suicide and could hurt the family dynamics as well.

My aunt was not the person who I dealt with at the bank. She is not a teller but a loan officer. She was not involved in the transaction at all. So she did not stick her neck out for me in any way. I'm not sure if she was even at that branch that day.

The teller told me that they had verified the funds BEFORE she gave me the money so how can they ask for it back 5 days later?