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Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 100048
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have had a $2,000.00 (line of credit / overdraft ) account

Customer Question

I have had a $2,000.00 (line of credit / overdraft ) account associated with my Checking account.
I went to the Bank and gave the Bank Clerk $2800.00 CASH to pay in Full the (line of credit / overdraft ) Account and the balance to my Checking Account.
The Bank Clerk assured me it be applied at the end of the day.
I Told her that has never happened in the past when I deposit cash to pay that line of credit. I told her I monitor my accounts online and the norm is 5 business days or long for that cash to be applied.
She gave me her business card told me to see her the next morning if the cash deposit does not show up.
It DID NOT show up by the following morning and I went to the Bank Branch and as I approached her...she was chatting with the Branch Manager.
I told her the cash deposit was not showing up and she called the Old National support desk. She was told she had used the wrong deposit slip, and the Cash payment kicked out.
This has happened several times for me and I told the Bank Clerk her Manager needs to train everyone how to handle Line of Credit Payments.
Do I have a case to sue them for mishandling by Cash Deposits.
It has cost me both Interest and Transaction charges to my Account during the time it takes them properly credit my account due to THEIR HANDLING it wrong.
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  Ely replied 10 months ago.

Hello and welcome to JustAnswer. Please note: This is general information only for educational purposes only, and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Can you please clarify:

1) Was the money eventually applied?

2) Did them not applying the money timely hurt you somehow? For example cause you to make a bad payment or charge you more interest/fee, etc?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 10 months ago.
1) Was the money eventually applied? In the past , it always took at least 5-7 business days to apply my deposit. Today, because I had been told by the bank clerk that it would be applied by the end of business...and it was NOT, I returned to the bank and she was told she used the wrong deposit slip and the cash deposit had been kicked out. She had them apply it to my correct line of credit account....and I was told I would see it deposited by 2:00PM EST today.2) Did them not applying the money timely hurt you somehow? For example cause you to make a bad payment or charge you more interest/fee, etc? Certainly, being overdrawn after delaying my Cash Deposits always caused more Interest and transaction $9.00 Fees
Expert:  Ely replied 10 months ago.

Thank you.

Did them not applying the money timely hurt you somehow? For example cause you to make a bad payment or charge you more interest/fee, etc?

Customer: replied 10 months ago.
Did them not applying the money timely hurt you somehow? Of course it hurt me both financially and mental health suffered.
Expert:  Ely replied 10 months ago.

Thank you. Please tell me how this hurt you financially. I know I am splitting hairs here, but this is important. What happened? Did this cause you to miss some kind of payment? Or had a check bounce? Etc. Please, be specific. Thanks.

Customer: replied 10 months ago.
It hurt me in many ways. First financially, my small business has been hurt having to pay repeated Transaction Fee's $9 and Over draft charges of $49 each time during the time I have made my cash deposits at the bank and they mis-handle it. Mental Stress causes my mental health to suffer. This has been a recurring problem with Old National Bank.
Expert:  Ely replied 10 months ago.

Thank you. Okay, money-wise, tell me how much this mistake has cost you? $100? $500? More, less? Etc.

Customer: replied 10 months ago.
A conservative estimate would be greater than $500
Expert:  Ely replied 10 months ago.

Thank you.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

Now, yes, the bank made a mistake. And technically, this may be called negligence. To premise a recovery on a theory of negligence, a plaintiff must establish three elements: (1) a duty on the part of the defendant to conform his conduct to a standard of care arising from his relationship with the plaintiff, (2) a failure of the defendant to conform his conduct to the requisite standard of care required by the relationship, and (3) an injury to the plaintiff proximately caused by the breach. Miller v. Griesel (1974), 261 Ind. 604, 611, 308 N.E.2d 701, 706.

However, the amount cost you $500 or more? So what, say about $100? As for emotional damage, the court would not award punitive damages unless this was done intentionally or recklessly. And in any case, this would be a matter for small claims court, which does not even award attorney fees.

As such, someone in your situation does have a case here, but for specific damage due to late fees, etc, and no emotional damage. And, this would be on small claims court. Whether or not this is worth the trouble of filing the claim, this is up to you, of course.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Customer: replied 10 months ago.
I will go to small claims then to let them know I am upset
Expert:  Ely replied 10 months ago.

Sounds like a plan. All the best. Keep in mind that someone in your situation would have to prove how exactly their mistake cause you the expenses.

Good luck.

Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 10 months ago.
Hello again. I am checking in because you have not rated positively. To me this means you may have another question. Please let me know – I am simply touching base. Thanks!

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