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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 35354
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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I have purchased several certified checks from my bank for

Customer Question

I have purchased several certified checks from my bank for future transactions. I deposited two certified checks and cash into my account to cover a check to a contractor (19,730.00) to do work on my kitchen . The bank claims they made an error on one of the certified checks purchased in April 2016 and they did not deduct monies from my account. They RETURNED the certified check and my personal check to the contractor was returned nsf. This has cost me money, humilation with the contractor, my wife, and I have had to use more funds than I anticipated.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: oregon
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 9 days ago.
Category: Legal
Expert:  LawTalk replied 9 days ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. What is your question?

2. How much was the certified check for that was never paid for?

Doug

Expert:  LawTalk replied 9 days ago.

Hi,

I won't be able to assist you if you are not able to provide the minimal information I sought clarification on. Please get back to me with this information at your earliest convenience.

Doug

Customer: replied 9 days ago.
The certified check was for $8000.00.
What is the banks responsibility in not honoring the check they issured or nsf?
Expert:  LawTalk replied 9 days ago.

Good afternoon George,

As I mentioned, my goal is to provide you with excellent service today. Please don't confuse excellent service with a satisfactory outcome based on your wants and desires. I can only explain the law to you---not guarantee that you will be happy with the outcome---any more than a cancer surgeon can guarantee a cure.

Because the $8,000 check was never paid for by you, the bank was not legally obligated to give you credit for it---despite that it was a bank error which resulted in you getting the worthless check in the first place. The reality is that it was never worth the $8,000 because you never paid for it. Aside from the surprise factor you have not lost anything, and arguably you should have realized when you balanced your account that you had 8K more than you should have after you purchased the checks.

While it would have been proper business etiquette for the bank to have called you immediately upon realizing that they had made an error, giving you a chance to pay the 8K not the account to cover the check, the law did not mandate such a courtesy call. I imagine that you have a proper basis for the bank not to charge you an overdraft fee or a NSF fee based on their error---but that would be the limit of their legal obligation to you in this mess. I am sorry for the trouble that the bank cause you.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please know that I answer your questions in good faith, providing you with the information that you ask for, and I do that with the expectation that you would act likewise, and rate my service to you. Rating me costs you nothing as you have already paid the deposit for my help, or you are a subscription customer already. All rating does is ensure that I am paid for my time in working with you. So, please do be sure to rate my service to you. Rating is accomplished by clicking on the rating-stars on your page. Thank you in advance for your positive rating.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 9 days ago.

Good afternoon,

It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you? Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you.

Thanks in advance for your rating of my service, It is greatly appreciated,

Doug