[bfagan]

I wrote a check for lease purchase of a home 11/2008 in the amount of $40,000. The bank made a mistake and coded the check for $400.00. After more than a year
The bank has frozen my account and they want the money back. I turned my account over
To an account in 9/2009 the mistake was not found my account. Do I have any recourse?

[excon]

Hello b:

Do I understand correctly that the bank PAID $40K, but only debited your account $400, and now they want their $39,600 back??

If that's so, then of course, the bank can reverse their mistake.. Did you have their money in your account?? No, of course you didn't. If it was me, I'd do my best to get the bank their money, because if you took ANY of it, and you KNEW it wasn't yours, then you're guilty of a crime. Maybe if you get it back to them, they may NOT call the cops.

On a second reading of your question, are you also saying that your accountant missed an extra $39,600 in your account too? I'd fire him.

Or, if it's something else, please explain.

excon

[DownUnder]

Hello bfagan

Let me see if I understand what you are saying YOU didn't noticed that you had a HUGE amount in your checking account! Do you not check your monthley statements? Something does not sound right
And if your accountant didn't find it... well You might have some explaining to do.

[Fr_Chuck]

Well I guess if you have 2 or 3 million in a bank account, you may not notice an extra 39,000 dollars,

So of course you have to pay the bank ASAP since you KNEW that this was their money when you started I guess spending it for other things.

They may be willing to take a first mortgage on your property if you own it free and clear also

[ScottGem]

Do you realize you are a thief? Yes, I said thief. You took money you knew did not belong to you, that's the definition of theft.

Be thankful the bank does not have you arrested. Pay them back the $39,600 and hope they don't charge you interest.

[Fr_Chuck]

Yes, when you balanced your check book the next time you got a statement ( people do that you know) you knew you had the extra money and would know why