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Trying to Correctly Assess Overdraft Charges
I received a check from a business to my business, drawn on First American Trust. It was returned "Refer to Maker", and my bank says it was due to potential fraud. The check was deposited to my account on 11/23, went to Comerica Bank (072000096) 11/24, FRB Los Angeles (122000166) 11/25, and back to my bank. My bank tried to send it through again, and it was refused again, and the deposit was taken back from my account on 11/30.
My research shows a manually input check number by payor (40380109) does not match preprinted check number (40360109), hence the potential fraud? The payor is saying perhaps my bank made an error in sending the check, as First American Trust Bank says it was never presented for payment, and is trying to avoid paying the overdraft fees that resulted. I have been reimbursed the amount of the check by the payor. How can I confirm that the check was properly presented by my bank and where do I research in Michigan if the payor is responsible for overdraft charges accrued, due to his mistake? I have attempted to confirm with Comerica and FRB Los Angeles to no avail. They keep referring me to my bank, and all my bank is saying is that they presented correctly. I just need to prove the payor is at fault and my bank was correct.
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 Your bank should have a listing of the transmittal of your check when it left on its way to the paying bank. That listing should reflect exactly how the check was submitted, whether it was submitted in its original paper form or electronically as an image. You can ask your bank to verify exactly how the listing appears and whether the check was submitted properly.
However, regardless of which party made the error that resulted in your overdraft charge, that charge was assessed on you by your bank, and only your bank would be obligated to refund it on a contractual basis if the error was made there. Even if it could be documented that an error was made by a third party, there would be no contractual requirement to make you whole. In that case, an attorney can advise whether you could attempt to collect reimbursement in a suit, but the cost of bringing that suit could by far outweigh anything you could hope to collect.
Published on BankingQuestions.com 12/29/09
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