bank wants money back...what happened...

[GURUDUDE]

DEPOSITED CHECK TUESDAY MORNING,
WITHDREW MONIES FRIDAY MORNING,
BANK CALLED FRIDAY EVENING WANTS MONEY BACK,
PAYMENT WAS STOPPED BY ISSUER,
SHOULD I RETURN FUND TO BANK AS REQUESTED,
NEED ADVISE...HAVE TO GIVE BANK A RESPONSE...
MONDAY MORNING...
DID I DO SOMETHING WRONG...THIS CHECK WAS FOR TAXES PREPARED FOR MY CLIENT...TAXES WHERE REVIEWED & ACCEPTED & SENT TO GOVERNMENT AGENCIES...EVERYTHING WAS OK, PAYMENT WAS ISSUED TO ME...NEXT DAY WE DISCUSSED NEXT YEARS FEES, MY CLIENT WAS UNHAPPY WITH MY QUOTE FOR SERVICES OF THE YEAR 2000.HIS BUSINESS HAS GROWN 200% IN EACH OF THE LAST 3 YEARS...REQUIRING MORE ACCOUNTING WORK...BUT I GUESS HE WANTED MY FEES TO BE AS THEY WHERE FOR 1999...I ASKED MY CLIENT TO GO CHECK QUOTES FROM OTHER FIRMS FOR THESE SAMES SERVICES I PERFORMED...HOPING HE WOULD SEE THAT MY QUOTE WOULD BE VERY COMPETETIVE...BUT IT SEEMS HE'S DECIDED TO BE DIFFICULT...I WAS NEVER TOLD THERE WAS ANY PROBLEM WITH MY WORK...OR THERE WOULD BE ANY REASON I SHOULD NOT DEPOSIT THE PAYMENT...IF I SHOULD REPLACE THESE FUNDS...WHAT SHOULD I DO NEXT?
I FEEL AS IF MY CLIENTS BANK IS PITTING MY BANK AGAINST ME...IN 40 YEARS OF BANKING I HAVE NEVER BEEN ASKED TO RETURN FUNDS AFTER IT'S BEEN PROCESSED BY THE BANK...THIS IS WHY I DEPOSIT FUNDS AND NOT CASH THEM AGAINST MY ACCOUNT OR ANY CLIENT'S ACCOUNT...

MONDAY MORNING I HAVE TO GIVE THE BANK A RESPONSE...I CAN REPLACE THESE FUNDS WITH MY OWN...BUT IF I HAVE NOT DONE ANYTHING IMPROPERLY...THEN I WOULD PREFER TO CLOSED THIS FILE ON MY CLIENT...BEING PAID...AND NOT HAVE TO START CHARGES OR COLLECTIONS PROCEEDING AGAINST HIM...

ADVISE IS NEEDED...



[This message has been edited by GURUDUDE (edited April 09, 2000).]

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by GURUDUDE:
DEPOSITED CHECK TUESDAY MORNING,
WITHDREW MONIES FRIDAY MORNING,
BANK CALLED FRIDAY EVENING WANTS MONEY BACK,
PAYMENT WAS STOPPED BY ISSUER,
SHOULD I RETURN FUND TO BANK AS REQUESTED,
NEED ADVISE...HAVE TO GIVE BANK A RESPONSE...
MONDAY MORNING...
DID I DO SOMETHING WRONG...

My response:

There could be any number of reasons. Could you please be more specific? Who was the check from? How was it that the check was made out to you - Earnings? Debt repayment to you? Sell something? More than one signature required?
And all of the circumstances that you know about - e.g., what exactly has the bank said to you about this transaction? And more . . .

IAAL

<HR></BLOCKQUOTE>

------------------
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."



[This message has been edited by I AM ALWAYS LIABLE (edited April 09, 2000).]

 

[GURUDUDE]

THIS CHECK WAS FOR TAXES PREPARED FOR MY CLIENT...TAXES WHERE REVIEWED & ACCEPTED & SENT TO GOVERNMENT AGENCIES...EVERYTHING WAS OK, PAYMENT WAS ISSUED TO ME...NEXT DAY WE DISCUSSED NEXT YEARS FEES, MY CLIENT WAS UNHAPPY WITH MY QUOTE FOR SERVICES OF THE YEAR 2000.HIS BUSINESS HAS GROWN 200% IN EACH OF THE LAST 3 YEARS...REQUIRING MORE ACCOUNTING WORK...BUT I GUESS HE WANTED MY FEES TO BE AS THEY WHERE FOR 1999...I ASKED MY CLIENT TO GO CHECK QUOTES FROM OTHER FIRMS FOR THESE SAMES SERVICES I PERFORMED...HOPING HE WOULD SEE THAT MY QUOTE WOULD BE VERY COMPETETIVE...BUT IT SEEMS HE'S DECIDED TO BE DIFFICULT...I WAS NEVER TOLD THERE WAS ANY PROBLEM WITH MY WORK...OR THERE WOULD BE ANY REASON I SHOULD NOT DEPOSIT THE PAYMENT...IF I SHOULD REPLACE THESE FUNDS...WHAT SHOULD I DO NEXT?

I FEEL AS IF MY CLIENTS BANK IS PITTING MY BANK AGAINST ME...IN 40 YEARS OF BANKING I HAVE NEVER BEEN ASKED TO RETURN FUNDS AFTER IT'S BEEN PROCESSED BY THE BANK...THIS IS WHY I DEPOSIT FUNDS AND NOT CASH THEM AGAINST MY ACCOUNT OR ANY CLIENT'S ACCOUNT...

MONDAY MORNING I HAVE TO GIVE THE BANK A RESPONSE...I CAN REPLACE THESE FUNDS WITH MY OWN...BUT IF I HAVE NOT DONE ANYTHING IMPROPERLY...THEN I WOULD PREFER TO CLOSED THIS FILE ON MY CLIENT...BEING PAID...AND NOT HAVE TO START CHARGES OR COLLECTIONS PROCEEDING AGAINST HIM...

ADVISE IS NEEDED...

 

[GURUDUDE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
<HR></BLOCKQUOTE>THIS CHECK WAS FOR TAXES PREPARED FOR MY CLIENT...TAXES WHERE REVIEWED & ACCEPTED & SENT TO GOVERNMENT AGENCIES...EVERYTHING WAS OK, PAYMENT WAS ISSUED TO ME...NEXT DAY WE DISCUSSED NEXT YEARS FEES, MY CLIENT WAS UNHAPPY WITH MY QUOTE FOR SERVICES OF THE YEAR 2000.HIS BUSINESS HAS GROWN 200% IN EACH OF THE LAST 3 YEARS...REQUIRING MORE ACCOUNTING WORK...BUT I GUESS HE WANTED MY FEES TO BE AS THEY WHERE FOR 1999...I ASKED MY CLIENT TO GO CHECK QUOTES FROM OTHER FIRMS FOR THESE SAMES SERVICES I PERFORMED...HOPING HE WOULD SEE THAT MY QUOTE WOULD BE VERY COMPETETIVE...BUT IT SEEMS HE'S DECIDED TO BE DIFFICULT...I WAS NEVER TOLD THERE WAS ANY PROBLEM WITH MY WORK...OR THERE WOULD BE ANY REASON I SHOULD NOT DEPOSIT THE PAYMENT...IF I SHOULD REPLACE THESE FUNDS...WHAT SHOULD I DO NEXT?
I FEEL AS IF MY CLIENTS BANK IS PITTING MY BANK AGAINST ME...IN 40 YEARS OF BANKING I HAVE NEVER BEEN ASKED TO RETURN FUNDS AFTER IT'S BEEN PROCESSED BY THE BANK...THIS IS WHY I DEPOSIT FUNDS AND NOT CASH THEM AGAINST MY ACCOUNT OR ANY CLIENT'S ACCOUNT...

MONDAY MORNING I HAVE TO GIVE THE BANK A RESPONSE...I CAN REPLACE THESE FUNDS WITH MY OWN...BUT IF I HAVE NOT DONE ANYTHING IMPROPERLY...THEN I WOULD PREFER TO CLOSED THIS FILE ON MY CLIENT...BEING PAID...AND NOT HAVE TO START CHARGES OR COLLECTIONS PROCEEDING AGAINST HIM...

ADVISE IS NEEDED...

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by GURUDUDE:
THIS CHECK WAS FOR TAXES PREPARED FOR MY CLIENT...TAXES WHERE REVIEWED & ACCEPTED & SENT TO GOVERNMENT AGENCIES...EVERYTHING WAS OK, PAYMENT WAS ISSUED TO ME...NEXT DAY WE DISCUSSED NEXT YEARS FEES, MY CLIENT WAS UNHAPPY WITH MY QUOTE FOR SERVICES OF THE YEAR 2000.HIS BUSINESS HAS GROWN 200% IN EACH OF THE LAST 3 YEARS...REQUIRING MORE ACCOUNTING WORK...BUT I GUESS HE WANTED MY FEES TO BE AS THEY WHERE FOR 1999...I ASKED MY CLIENT TO GO CHECK QUOTES FROM OTHER FIRMS FOR THESE SAMES SERVICES I PERFORMED...HOPING HE WOULD SEE THAT MY QUOTE WOULD BE VERY COMPETETIVE...BUT IT SEEMS HE'S DECIDED TO BE DIFFICULT...I WAS NEVER TOLD THERE WAS ANY PROBLEM WITH MY WORK...OR THERE WOULD BE ANY REASON I SHOULD NOT DEPOSIT THE PAYMENT...IF I SHOULD REPLACE THESE FUNDS...WHAT SHOULD I DO NEXT?

I FEEL AS IF MY CLIENTS BANK IS PITTING MY BANK AGAINST ME...IN 40 YEARS OF BANKING I HAVE NEVER BEEN ASKED TO RETURN FUNDS AFTER IT'S BEEN PROCESSED BY THE BANK...THIS IS WHY I DEPOSIT FUNDS AND NOT CASH THEM AGAINST MY ACCOUNT OR ANY CLIENT'S ACCOUNT...

MONDAY MORNING I HAVE TO GIVE THE BANK A RESPONSE...I CAN REPLACE THESE FUNDS WITH MY OWN...BUT IF I HAVE NOT DONE ANYTHING IMPROPERLY...THEN I WOULD PREFER TO CLOSED THIS FILE ON MY CLIENT...BEING PAID...AND NOT HAVE TO START CHARGES OR COLLECTIONS PROCEEDING AGAINST HIM...

ADVISE IS NEEDED... <HR></BLOCKQUOTE>

My response:

You asked what to do next, then you say you don't want to "start charges or collections proceedings . . . " If the latter is true, then this is all academic. You've got to decide what is more important to you; e.g., suing him, or forgetting about it. Once you decide, then we'll have something to talk about.

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."

 

[GURUDUDE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
My response:

You asked what to do next, then you say you don't want to "start charges or collections proceedings . . . " If the latter is true, then this is all academic. You've got to decide what is more important to you; e.g., suing him, or forgetting about it. Once you decide, then we'll have something to talk about.

IAAL

<HR></BLOCKQUOTE>


MY REAL QUESTION LIES WITH THE BANK AND THE FUNDS REQUESTED...IF DO NOT HAVE TO REPLACE THESE FUNDS...WELL NOTHING NEEDS TO BE DONE...

 

[GURUDUDE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
My response:

You asked what to do next, then you say you don't want to "start charges or collections proceedings . . . " If the latter is true, then this is all academic. You've got to decide what is more important to you; e.g., suing him, or forgetting about it. Once you decide, then we'll have something to talk about.

IAAL

<HR></BLOCKQUOTE>MY REAL QUESTION LIES WITH THE BANK AND THE FUNDS REQUESTED...IF DO NOT HAVE TO REPLACE THESE FUNDS...WELL NOTHING NEEDS TO BE DONE...

 

[GURUDUDE]

I DID THE WORK, WAS PAID, DEPOSITED, CASHED,

AM I NOW REQUIRED TO RETURN THE FUNDS TO THE BANK?

THERE MUST HAVE BEEN SOME KIND OF ERROR...
BUT I DO NOT BELIEVE MINE...

 

[I AM ALWAYS LIABLE]

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

Originally posted by I AM ALWAYS LIABLE:
My response:

You asked what to do next, then you say you don't want to "start charges or collections proceedings . . . " If the latter is true, then this is all academic. You've got to decide what is more important to you; e.g., suing him, or forgetting about it. Once you decide, then we'll have something to talk about.

IAAL

<HR></BLOCKQUOTE>MY REAL QUESTION LIES WITH THE BANK AND THE FUNDS REQUESTED...IF DO NOT HAVE TO REPLACE THESE FUNDS...WELL NOTHING NEEDS TO BE DONE...

My response:

I'm a bit perplexed. You said that your client's bank refused payment of the check to your bank. Therefore, they returned the check to your bank, and now your bank wants its money back. This is not rocket science. Is there something else you're not telling me?

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."

 

[GURUDUDE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
My response:

I'm a bit perplexed. You said that your client's bank refused payment of the check to your bank.

AFTER IT'S BEEN DEPOSITED...AND CLEARED FOUR DAYS LATER...AND WITHDRWN...AND SPENT...

Therefore, they returned the check to your bank,

MAYBE IT'S BEEN RETURNED TO MY BANK...BUT IT'S AFTER THE FACT...IT'S BEEN DEPOSIT, CLEARED, WITHDRWN AND SPENT...


and now your bank wants its money back. This is not rocket science. Is there something else you're not telling me?


I'M TRYING...TO EXPLAIN ALL...
I APPRECIATE THE GUIDANCE...WANT TO DO THE RIGHT THING...BUT DO NOT WANT TO BE TAKEN ADVANTAGE OF EITHER...THE WORK I DO AFFECTS SIX PEOPLE WHO WORK FOR ME...THIS ISN'T A 40 DOLLAR TAX RETURN...THIS IS 3000 OF YEARLY FEES...WHICH ALL IN MY OFFICE HAVE DONE OVER 365 DAYS OF 1999, WHICH INCLUDED PAYROLL RETURNS, CORPORATE RETURNS, THREE PAYROLL AUDITS, PERSONAL TAXES RETURNS FOR MY CLIENT,
HIS 60 DAY TRADING TRADES... TAX RETURNS FOR EACH OF HIS 3 CHILDREN, WORKMEN'S COMP AUDITS...AND ALL THE GRIEF ONE GET'S TRYING TO DO THE BEST THING FOR A CLIENT...

IAAL


<HR></BLOCKQUOTE>

 

[GURUDUDE]

(INSTATE)(COMPANY)CHECK WAS DEPOSITED ON TUESDAY MORNING MY BANK, WRITTEN OUT TO MAY NAME, ENDORSED MY ME AND DEPOSITED INTO MY PERSONAL CHECKING ACCOUNT,...FRIDAY MORNING
CHECK BALANCE...CHECK HAD CLEARED...WITHDREW
FUNDS...PAID STAFF...GET CALL FRIDAY AFTERNOON...PLEASE RETURN FUNDS...

 

[GURUDUDE]

NOW THE NATURE OF THE BEAST IS BEING REVEALED...

THIS IS WHY I DO NOT UNDERSTAND...IT'S NEVER HAPPENED TO ME IN 40 YRS OF BANKING...

I BELIEVE IT'S A BANK ERROR...TOO SLOW PROCESSING...MAYBE TOO LATE STOP PAYMENT ORDER...

IT'S NOT THAT I WANT TO EXPLOIT IT BUT I HAVE BEEN PAID...IF I AM NOT REQUIRED TO REPLACE THESE FUNDS NO FURHTER ACTION IS
PLANNED BY ME...

IF I AM REQUIREED TO REPLACE THESE FUNDS...
I WILL HAVE NO CHOICE TO DO SOMETHING...TO
RECOVER MY FEES...AND I WOULD LIKE TO KNOW WHAT TO DO...I HAVE BEEN LUCKY IN THE PAST YEARS...NEVER HAD A STOP PAYMENT PROBLEM WITH A CLIENT...

WHAT DO I DO?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by GURUDUDE:
NOW THE NATURE OF THE BEAST IS BEING REVEALED...

THIS IS WHY I DO NOT UNDERSTAND...IT'S NEVER HAPPENED TO ME IN 40 YRS OF BANKING...

I BELIEVE IT'S A BANK ERROR...TOO SLOW PROCESSING...MAYBE TOO LATE STOP PAYMENT ORDER...

IT'S NOT THAT I WANT TO EXPLOIT IT BUT I HAVE BEEN PAID...IF I AM NOT REQUIRED TO REPLACE THESE FUNDS NO FURHTER ACTION IS
PLANNED BY ME...

IF I AM REQUIREED TO REPLACE THESE FUNDS...
I WILL HAVE NO CHOICE TO DO SOMETHING...TO
RECOVER MY FEES...AND I WOULD LIKE TO KNOW WHAT TO DO...I HAVE BEEN LUCKY IN THE PAST YEARS...NEVER HAD A STOP PAYMENT PROBLEM WITH A CLIENT...

WHAT DO I DO?<HR></BLOCKQUOTE>


My response:

First, the check did not "clear" the Federal Reserve System. Your bank may have paid you, but now there's a "Stop Payment" on the check, for whatever reason. Your Bank would not have called you if they didn't want their money back and, until the check clears the Federal Reserve, the money belongs to your bank. Read the rules and regulations attaching to your account with your bank. Nevertheless, after you pay your bank back, you'll get his check back, and on it's face, it'll say one of two things: "Stop Payment" or "Insufficient Funds." In either case, make a demand upon your client, by Certified Return Receipt letter. When that doesn't work, see an attorney - - or, if you feel comfortable with the law, you can file a small claims court action.

Good luck.

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."

 

[GURUDUDE]

WELL THAT'S SOME SOUR NEWS...
MONIES WILL BE REPLACED...
FORMAL LETTER, CERTIFIED RETURN RECIEPT WILL BE SENT...
SMALL CLAIMS WILL BE CONSIDERED...
MONIES WILL BE REDUCED BY SMALL CLAIMS CIELING...

THANK YOU FOR YOUR TIME...I WILL TRY TO SPEND AS MUCH TIME REVIEW POSTS OF MEMBERS NEEDING TAX ADVISE IN THE FORUMS...

IT WAS GREAT AIR A PROBLEM...AND GETTING GOOD ADVISE AT A MONMENTS NOTICE...

KNOWLEDGE IS ONLY GOOD IF IT'S USED FOR THE BENEFIT OF ALL...NOT JUST THE FEW WHO CAN AFFORD TO...

TAHNK YOU,
RAJJR

 

[GURUDUDE]

have all funds avaliable to return to bank...

when to bank this morning spoke with vp at the bank...check has not been recieved from
clearing house...couldn't bring myself to release funds...

something still bothers me about this transactions timing and course of events...

see legal advise this afternoon...apt. at 4,

am I just stupid...

I STRONGLY BELIEVE THAT THESE FUNDS WOULD HAVE NOT BEEN MADE AVAILABLE TO ME IF THEY HAVE NOT CLEARED...I'M NOT THAT GOOD LOOKING...HONESTLY, MY LOOKS WOULDN'T BUY A CUP OF COFFEE...

HELP ME UNDERSTAND...THANKS AGAIN...