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Posted: 12/31/2005 11:01:48 AM EDT
About six month ago, my bank had a major screw-up. I wrote a check for $3,600, but they put it through for $36,000. I didn't know anything had happened until my debit card stopped working one weekend. Turns out, they had closed my checking, savings, and money market accounts, and no one at the bank could tell me why. The next week, I recieved a bill for $7,000. Anyhow, I got MOST of my money back, but not before 19 checks had bounced, some multiple times. My bank would NOT refund the bounce charges, even though it was their error. I had $1,100 in bounce fees from my bank that they never gave back. I've yet to figure out how to get this corrected.

Anyhow, I've moved since this incident, to a nearby town. I paid the vendors for all the checks except one, whom I could not contact. Today, I checked my mail and found a forwarded letter, dated 12/20, stating that I had 10 days to pay a check to the prosecutor's office, or "A summons or warrant may be issued". No problem, except I checked my mail at 6PM on 12/30...

Do I have a chance at all of paying this Monday and explaining what is going on? Or will I end up having to go down to the police dept. and turning myself in? I read up on AR's hot check law, and its a misdemeanor under $200, adn this check was for $71, so I'm cool there (i think). I still don't want this on my record.


What recourse do I have at this point?
Link Posted: 12/31/2005 11:04:02 AM EDT
[Last Edit: 12/31/2005 11:04:48 AM EDT by Buzz70]
From what you just said this was the banks fault, right??? and they wouldn't stop the charges??? Which bank was this???
Link Posted: 12/31/2005 11:07:32 AM EDT
Regional bank - First Federal 0 based in Harrison, AR.
Link Posted: 12/31/2005 11:10:15 AM EDT
[Last Edit: 12/31/2005 11:10:31 AM EDT by hooks]
seek legal council and pray.
Link Posted: 12/31/2005 11:10:18 AM EDT
Think id be hireing me a lawyer to go after the bank in a hurry.. They F---ed up and are makeing you fix it? Id be nukeing someones ass.........
Link Posted: 12/31/2005 11:11:10 AM EDT
i think getting your self a lawyer wouldnt be a bad idea
Link Posted: 12/31/2005 11:12:24 AM EDT
[Last Edit: 12/31/2005 11:15:24 AM EDT by Daytona955i]
To my knowledge you can't be prosecuted for someone else's error unless you knew about it and didn't do anything, do you have any record that you tried to contact the people that sent you the letter?

Odds are if they put "A summons or warrant may be issued" in a letter, than they are just trying to scare you into paying. Call them monday.

ETA: Consider how much money going after a bank will cost you, if its not more than what their mistake cost you, quietly close your account, and send them a letter.

However if it won't cost more, go after those fuckers, a letter from an attorney will probably make them settle.
Link Posted: 12/31/2005 11:12:37 AM EDT

Originally Posted By luger355:
i think getting your self a lawyer wouldnt be a bad idea




Scumbag attorney is now necessary.
Link Posted: 12/31/2005 11:13:10 AM EDT
Lawyer up and rip that bank a new one.
Link Posted: 12/31/2005 11:13:14 AM EDT
Courts probably wont be open on Monday, federal and state holiday. Lay low until Tuesday (ie: dont get caught renting hookers and buying blow tonight).

Kharn
Link Posted: 12/31/2005 11:13:45 AM EDT
There's only one thing left to do... Draw down.
Link Posted: 12/31/2005 11:14:05 AM EDT
Lawyer; to straighten out the mess that you didn't take care of yourself.
Link Posted: 12/31/2005 11:14:18 AM EDT
why are you paying 1000$ for their mistake?
sounds like you are admiting it was partialy your fault if you are willing to part with 1K dollars.
or you are very well off
i agree, get a lawyer and make the bank fix their screwup
Link Posted: 12/31/2005 11:17:09 AM EDT
I'm willing to part with $1k because I have a loan with them, and if i didn't pay it, tehy'd hold any payments made to them for the loan for the check charges. I'm not hurting for cash, but $1k isn't exactly change.


I have to go to work, be back about 1145 CST.

Lawyering up sounds like the right idea right now btw.
Link Posted: 12/31/2005 11:18:50 AM EDT
Fucking lawyers, I hate it when you need them, but now is the time.
Link Posted: 12/31/2005 11:22:31 AM EDT
Get you a lawyer and sue the shit out of that bank.

By this time next year that bank should be called the First National Bank of SimonPhoto.
Link Posted: 12/31/2005 11:24:45 AM EDT
That case is open and shut. Get a lawyer to sue the bank for the charges and if he gets a nice little cut I'm sure he'll do it for little or nothing up front.
Link Posted: 12/31/2005 11:25:11 AM EDT

Originally Posted By hooks:
seek legal council and pray.



+1
Link Posted: 12/31/2005 11:27:01 AM EDT
Lawyer up,also if you are married,have the wife lawyer up as due to the stress of all of this,you have not been able to achieve an erection,and she needs to sue the bank due to you not being able to perform your marital duties.No,I aint a lawyer but I stayed in a holiday express a few years ago
Link Posted: 12/31/2005 11:28:37 AM EDT
Monday (1/2) is a bank holiday, so there's no way you'll get any satisfaction until at least Tuesday.

On Tuesday, calmly tell the branch manager you are going to sue for damages if they don't re-open and recredit all of your accounts immediately.
Link Posted: 12/31/2005 11:29:42 AM EDT
oh when the lawyers files the suit dont forget the 20,000 for hurting your credit record for the checks bouncing, it does go on to the checks system showing you had written bad checks. and the 20,000 will cover the lawyers fees
Link Posted: 12/31/2005 11:31:46 AM EDT
And this is also why you want a real credit card rather than a debit card. You do not want to bounce checks, and the banks almost never admit to their mistakes.z
Link Posted: 12/31/2005 4:29:26 PM EDT
If it went to the extreme of a warrant get the nastiest scum sucker around, even better if he has bad relations with them before. Go for every penny you can as the NCIC report will show the warrrent/ and or past history for a long time.
And in the near future I hope to banking at your bank
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