[fdriley5]

Can I sue my bank? We had a couple of check that we wrote that were returned when we had funds in our account to cover them. Now we have $70 per check to pay the bank for insufficant funds plus we have to go and cover these checks to where they were written plus $25 per check. Whick is more then what the check was wrote out for. When I talked to the bank they said that we needed to deposit funds asap because they took the money we deposit to cover the checks for themselves. We are not the only ones who have issues with this bank that we personally know. Are there laywers out there that would be willing to help us out.
Thank you

[ma0641]

When did you deposit the checks to cover the withdraws? Typically you need 1 day. You can't just put in money, except cash, and then expect to take out money. Sue the bank? You can sue anyone. Will you win? Doubtful unless you can show you indeed had enough funds and then they would most likely refund the charges. .

[talaniman]

Did you try the dispute resolution process with the supporting time stamped transaction documents first? Even an attorney would require such DOCUMENTATION.

Few know that all transactions even with time stamps are only pending subject to verification and posting, which can skew actual payments and deposits times (The practice is referred to as reordering, and is a function of the automated system of the bank, and has no human input). Banks make huge profits in fees and penalties using this process and you okayed it when you signed an agreement when you opened your account. Start with THEIR printout of your account and compare them with your own records and see what can be done to mitigate your loss. This article is kind of long but very informative and helpful.

How to Handle a Dispute with Your Bank - US News

Lawyers are expensive.

[smoothy]

Funds are not always available the day they are deposited... and if you are as low as you are they CAN and many times do hold those until the checks clear, that can be from 3 - 10 days , or more depending on where they originated... so you may NOT have had funds available when you wrote those checks.

How about keeping more than enough funds in the bank so this isn't an issue... I know enough people in Banking to know this isn't the banks fault... but your own.

Why do they do this....and yes they can....because people kite checks....deposit checks that aren't going to clear while trying to get cash or other bills paid against them....while hoping they can get more to deposit. Its almost always people that keep nearly a zero balance that pull this scam...so Banks are justifiably wary and take steps to protect themselves.

Banks take Fees out of your accounts as well..those fees were probably taken already dropping your balance below what you wrote against, yes their fees get paid first....the the largest checks are the one that goes first ...followed by the smaller ones....and yes they can do that too..when there is insufficient funds.

And seriously...if you can't afford to keep a balance ...how do you expect to pay a lawyer. They don't work for free. And for something like this...I expect they won't take a personal check.

[ScottGem]

Before you even can think of suing, you need to get all your ducks in a row. You need to have proof that there was sufficient funds available (not just deposited) at the time the checks were presented. You also to show what damages you incurred because of the bank's mistake (if indeed it was a mistake).

As noted, have you talked to the bank and gotten an explanation? If so, what was it, if not, then talk to them immediately.