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View Full Version : Suit against a Bank?


kardoin
Jul 2, 2007, 10:35 AM
This is in reference to a deposit made June 22, 2007. I had help by a teller named Amy. I received a cashiers check for 15,000 for the sale of a machine. I have never had a cashiers check, so I went in to Amsouth and spoke at length about my apprehensions and wanted to make sure I was protected, etc. They stated to me that I could fill out a form to hold the check for longer than the 3 days it is nomally held. So, I proceeded to fill out the form and had them hold it until 07/07 OR if they investigate it and its cleared, then they would ONLY release the funds at that time. On June 26, 2007, the funds were released. I called the 1800AMSOUTH number and questioned this. I was told the check had cleared. So the next day, the check was on hold again and the funds showed "on hold", so I called Amy:( . She stated that it was a mistake on Amsouth's part and that she would re-release the money because it all had cleared and it was a good check. After that, I called her again. She ASSURED me that Amsouth had cleared this... even though I had asked to keep it held until 07/07 OR UNTIL INVESTIGATED for authenticity. Well, after 3 phone calls with Amsouth, and 3 ABSOLUTE reassurances that it was all clear, the money today June 29, has been taken out for being an invalid check. This is my problem, I was asking them to not release this money until 07/07 OR UNTIL INVESTIGATED and valid. They released this money. I have now 0.00 left in checking and savings for having to cover checks that I had mailed, once I was told 3 times it was OK to. It just seems unfair on their part that I am left holding the bag on their mistake and their inability to carry out the request of their customer

ebaines
Jul 2, 2007, 11:58 AM
I don't think you have recorse against the bank. Instead, you should be going after the cheat who gave you the bad check! Why don't you mention a law suit against him?

It can several weeks for a bad cashier's check to be discovered. Unlike normal checks, there really isn't a concern about there being insuffient funds in the account. But like personal checks, if a check has been forged it only comes to light when the physical check is processed through the bank system all the way back to the bank where it was presumably issued, and then the originating bank determines that there is an inconsistency with their records, they investigate and find the physical check is a forgery. This can take several weeks to occur. Same as if someone forged one of your personal checks - as long as you have suffi cient funds it may take a month before you discover what's happened. I'm surprised that in your case they found it as quickly as they did!

excon
Jul 2, 2007, 07:26 PM
Hello kard:

You've been scammed. It's not a new scam. It's been around for a LONG time. The bank owes you no responsibility to hold on to a check for as long as you want them to. I don't know where you got that.

The bank did nothing to you. The reason you can't go back to sue the maker, is because you have no idea who he is or where he is.

excon