Roommate cashed a check that was not made out to her. Whats up with the Bank?!?
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I wrote a check made out to my apartment property that was dated for April 2nd, and gave it to my roommate to give the the apartment complex since I wouldn't be in the area when rent was due. I noticed that my checking account had been getting overdraft fees so I looked into it and it turns out that she accidentally deposited my check along with the rest of her deposit. I hadn't deposited my paychecks from work until tonight, because the check wasn't supposed to be able to be deposited until April 2nd. I contacted hers and mine bank. Her bank told me only my bank could deal with this situation. I wrote an email to mine explaining all that I wanted was the overdraft fees removed and to make sure that no more overdraft fees occur because of this instance. What I want to know is what kind of legal trouble can the bank get into for allowing this to happen. I am just worried that they will not refund me for some reason, I want to know exactly how to retaliate against them.
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Answer:
Just because you post date a check doesn't mean that the bank is obliged to hold off on paying it until then. This is almost certainly in the agreement you signed when you got your checking account. The bank won't be in any legal trouble at all. Now, your bank MIGHT waive the overcharge fees, but then again, it might not. It's not obliged to waive the fees if it doesn't want to, and you can't get the bank into legal trouble because your roommate made a mistake.
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Other answers
Just because you post date a check doesn't mean that the bank is obliged to hold off on paying it until then. This is almost certainly in the agreement you signed when you got your checking account. The bank won't be in any legal trouble at all. Now, your bank MIGHT waive the overcharge fees, but then again, it might not. It's not obliged to waive the fees if it doesn't want to, and you can't get the bank into legal trouble because your roommate made a mistake.
Jessica
From what you described, your friend's bank accepted for deposit a check that was not made out to the person into whose account it was deposited. That bank should not have accepted the deposit. In my opinion, banks are notorious for being grossly irresponsible about such matters. If there is an inexpensive legal assistance service available to you, consult that service. If necessary, go to a lawyer directly. It can be hard to find a lawyer willing to sue a bank, since many large law firms make a lot of money doing collections and other work for banks. You might, however, find a lawyer who likes to sue banks. Another option would be for you to contact your local newspapers, television stations, and maybe news radio stations. One of them might have a program for dealing with businesses who are acting irresponsibly. Banks need the trust of the general public. No bank wants bad publicity. If you have given us the accurate details, and the bank into which your check was deposited had no right to accept the check, then that bank likely has serious duties to correct this problem. If you get no action on this, ask both banks for the name and address of the regulatory agency that oversees those banks. Contact that agency and try to get help. Peace be with you.
Uncle Joe
From what you described, your friend's bank accepted for deposit a check that was not made out to the person into whose account it was deposited. That bank should not have accepted the deposit. In my opinion, banks are notorious for being grossly irresponsible about such matters. If there is an inexpensive legal assistance service available to you, consult that service. If necessary, go to a lawyer directly. It can be hard to find a lawyer willing to sue a bank, since many large law firms make a lot of money doing collections and other work for banks. You might, however, find a lawyer who likes to sue banks. Another option would be for you to contact your local newspapers, television stations, and maybe news radio stations. One of them might have a program for dealing with businesses who are acting irresponsibly. Banks need the trust of the general public. No bank wants bad publicity. If you have given us the accurate details, and the bank into which your check was deposited had no right to accept the check, then that bank likely has serious duties to correct this problem. If you get no action on this, ask both banks for the name and address of the regulatory agency that oversees those banks. Contact that agency and try to get help. Peace be with you.
Uncle Joe
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