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    valpalmeira's Avatar
    valpalmeira Posts: 1, Reputation: 1
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    #1

    Feb 11, 2007, 03:24 PM
    Check returned by Bank mistake
    I wrote a check of $1,296.00 to pay my rent, bank made a terrible mistake put $2,296.00 for this check and I did not have this amount I only had enough for this check and like $100.00 more so the returned my check charged me returned fees itens, now a have problem with the place where a live they don't accept my check any more and charged 10% of late fee! What do I have to do now can I sue the banck in a court I get some money for moral compentisation or somethig like that? I'm really up set! :mad:
    RubyPitbull's Avatar
    RubyPitbull Posts: 3,575, Reputation: 648
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    #2

    Feb 11, 2007, 03:36 PM
    As soon as this error came to your attention you should have gone to the bank and have it cleared up. If you haven't done this yet, you need to. Bring all your paperwork and see a bank officer. Show them the error. Insist that they credit all fees they have charged to you, AND, insist they write a letter of apology describing the error to your landlord. The bank can give you a cashier's check for the correct amount and include that with the letter. Make sure the bank references your apartment and building number and/or your account number if the landlord has assigned you one. The bank should also ask that the landlord please credit you the 10% late fee charge because the error was theirs, not yours. You can either mail it, or drop it off at the landlord's office. If you choose to mail it, follow up with the landlord in a few days to make sure it was received and that they reverse the fee charged to your account.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Feb 11, 2007, 04:31 PM
    Sorry no why should you be able to sue them for a banking error.

    If they did not correct it, you could, but if they corrected the error you have no grounds to sue for any damages.

    This is what is wrong with today's world, first question everyone asks, can I sue.
    RubyPitbull's Avatar
    RubyPitbull Posts: 3,575, Reputation: 648
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    #4

    Feb 11, 2007, 04:35 PM
    Fr Chuck is right. You do not have grounds to sue the bank. However, you do have a right to insist that they correct their mistake and write a letter of apology, as I suggested above. You need to take care of this immediately or else the problem between you and your landlord will just escalate.

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