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Was handcuffed and detained when trying to cash an Official Check!

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BBCMember

Junior Member
What is the name of your state?
California

Not sure where this post should be, but I'll start here:

Here are the turn of events that happened on Saturday, June 25, 2005 at a branch of a very large bank in Los Angeles:

• Entered around 1:20pm
• Attempted to cash an Official Check written from the same bank, but from a branch in a different state (CT)
• Teller could not process the check, so she called over the teller coordinator
• I was told to sit down at the table where you fill out your deposit slips, which was in the middle of the bank
• Waited roughly 30 minutes
• Finally, the teller coordinator came back over with a Beverly Hills cop at her side
• She asked me where I got the check
• I told her that my father had sent it to me
• She asked where he got it
• I told her that he got it directly from his bank; that it was a bank check from his bank
• She said that it was a fraudulent check
• I said that it was positively a valid check
• She said that the routing numbers did not match any of their branches
• I said that I would call my father to clear this up and started to reach for my cell phone in my pocket
• The policeman said, “No, no, don’t do that,” and took my hand. Then the other policeman took my other hand and twisted it so I could not move it, and then they stood me up and cuffed me!
• I was mortified and extremely embarrassed
• I asked her why they were cuffing me, that it was a legitimate check, and they needed to do more checking
• I gave them all of my parents’ numbers to call and verify
• She went away
• The cops then started asking me questions
• “Why did your father send you money?” they asked.
• “Because he’s my father,” I said.
• I pointed to the envelope on the table that it had come in
• They read the letter
• They asked why there was no postage on the envelope
• I said it was because it came in a Priority Mail envelope which was in the car
• They asked permission to search the car
• I said, “Sure. Go ahead.”
• One policeman went down to search the car
• The teller coordinator finally came back over about 10-15 minutes later
• She said that she checked, and it still was not good
• She said that she had called Atlanta and Texas, and they said that the routing numbers were not valid
• I asked her why she was calling Atlanta and Texas
• I asked her if she had called CT
• She said no
• I told her that she needs to call CT, as that is where the branch of the bank from which the check was written is. I told her the town in CT where the branch is located.
• She asked if it were a certain bank, which was a different bank that had just been recently acquired by her bank
• I said, “Yes, my Dad has an account with that bank.”
• She then went away again. More questions from the policemen.
• She finally came back 10 minutes later saying that she was really sorry, and they had made a mistake, and that it was a check from that bank.
• As the policemen were uncuffing me, I told her that this was the most humiliating experience of my life, and that I would never do business with her bank…ever.
• I also mentioned that it was on account of the miscommunication between their banks that this happened, and that they need to keep track of which banks they buy so they don’t put their clients and/or future clients in handcuffs.
• There was no need whatsoever for them to cuff me right in the middle of the bank with the whole bank to see without having all of the facts.
• It embarrassed me immensely, terrified me, and possibly hurt my reputation.
• In retrospect, they should have taken me into a room in private and performed questioning in private, without the handcuffs, and performed the investigation like civilized people, and not treat me like hardcore criminal.


So, here are my questions:

1. How should I proceed? What is the quickest way to resolve this?
2. I would like to make sure that the bank does not destroy the security tape, so I need to contact the bank ASAP and demand that they not destroy it. Can I do that myself, or do I have to have a lawyer do it?
3. I would like to find a lawyer who will take on this case pro bono. Does anyone know of one in the LA area?
4. I'm not sure if I want to sue the cops as well (if that's even an option), as I may live in that town eventually. Thoughts?
5. I am in the process of writing a letter to many of the top guys at this bank (CEO, etc.). Should I do this before or after I am able to secure a copy of the surveillance tape from the day in question?
6. Any other advice that I might find useful, please do tell.

Thanks!
 


Veronica1228

Senior Member
I just want to make this clear. You want to sue the bank? Is that correct? If so, on what grounds? Because you were embarrassed?
 

You Are Guilty

Senior Member
BBCMember said:
6. Any other advice that I might find useful, please do tell.
In the spirit of saving time, I'll just address this question. And the answer is (drumroll)


Get on with your life. You have no case. You do have a good story to tell your friends at your next Poker Night though.
 

BBCMember

Junior Member
Yes, I would like to sue the bank for defamation of character, humiliation, and possible damage to my reputation in the town (I do business in the town). How about unlawful detainment?

I am also weary of cashing official checks again because of this experience. I also was a hazzard on the road when I left there, because I was so humiliated, furious, and frazzled.

What about civil rights?

It's funny that you say I have no case. The manager of the bank that issued the check has already faxed the events of this incident to many of the top executives in the company, and said that I would be given some restitution. Doesn't this imply that I have a case? I would think that they would not even offer money if I didn't.

Also, a friend of mine is a lawyer, he said I have a case that is pretty much a guaranteed one. He said that the bank would be "drooling to settle out of court."

Don't you think the publicity of this incident would harm the reputation of the bank?

The bank manager of the issuing bank stated that he would be very surprised if the teller coordinator of that bank in which I cashed the check was still working there next week. I actually feel that she was not the one at fault. It was the fault of those who were telling her that the routing number was not a valid one.
 

rmet4nzkx

Senior Member
The bank is planning on some form of restitution, when you bring a law suit you have to mitigate your losses.
 

rmet4nzkx

Senior Member
BBCMember said:
English please. Are you saying I will get more if I just let the bank offer some restitution?
NO, you could have looked that up here on this site.

What is the ‘duty to mitigate damages?’

A person is not allowed to stand by idle and watch further harm come to his/her property. Everyone must use reasonable care and diligence to minimize the damages - to do what s/he can to prevent additional damage. An injured party must make a reasonable effort or expend reasonable costs to prevent the amount of loss or harm from increasing. If constant rain is raising the level of a lake next to your home, you have the responsibility to take steps to prevent damage from flood which is about to occur, such as moving property to higher ground or putting out sand bags to prevent water from entering your home. The particular acts required by a person to mitigate damages is determined on a case-by-case basis, it is set as what is "reasonable" under the particular circumstances.
http://injury-law.freeadvice.com/property_damage/mitigate_duty.htm
 
BBCMember said:
English please. Are you saying I will get more if I just let the bank offer some restitution?
That was a very embarassing situation that you described.....

The bank is offering restitution for your experience....you should take that and be done with it. Don't get greedy.....like rmet4nzkx said if you try to sue them you must mitigate(prove) your losses....not possible, almost, shoulda, woulda, coulda,.....but actual damages.

Just b/c the bank is offering restitution doesn't mean that you have a case....the bank is basically righting a wrong if you will they don't have to do that.

On a side note: you say you were a hazzard to the road due to the experience......if you're highly emotional you shouldn't be on the road anyway......that wouldn't have been a good defense at all if you were to have caused an accident.
 

Debt Guy

Senior Member
I'm curious.

You said you had a lawyer friend who told you that you had a slam-dunk case against the bank.

If that is true, why are you asking your questions here? Do strangers on the internet have that much credibility?

Why don't you go back to Beverly Hills, find a first rate lawyer, put $600 on the table, tell him/her the story and see what they say? Ultimately, that is what you must do to proceed with this.
 

tigger22472

Senior Member
Debt Guy said:
Why don't you go back to Beverly Hills, find a first rate lawyer, put $600 on the table, tell him/her the story and see what they say? Ultimately, that is what you must do to proceed with this.

There are lawyers, let alone first rate lawyers, in Beverly Hills that only ask for a 600$ retainer?? :eek:

I totally agree though if your friend said you had a slam dunk case and your friend is an attorney you wouldn't have come and asked strangers!!
 

rmet4nzkx

Senior Member
stephenk said:
Didn't you read question #3? The poster wants the attorney to work for free.
Of course we did and that's why I responded as I did, then OP wanted to know what mitigate meant :rolleyes:
 

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