I recently deposited a check at my bank. The check cleared on 7/31/08. On 8/25/08, I noticed a transaction on my account that deducted $$$ labeled "Bank Adjustment". I called them and they stated the check was not processed due to "There is no MICR line on the check". The check is a government issued disability check. The same type of check is deposited by me every month, so I called the bank and asked them to send my check back to me, because my thinking is I will take it somewhere else to cash it because I know this check is good. The rep first says that they will be sending me a copy of the check and I refused that. She then talked to a manager and stated that I will be receiving the actual check. On 8/29/08 I get a scanned copy of the check, which is no good to me because I can't cash scanned copies.
My questions are, can I legally start recording conversations with banks and creditors, so that I cannot be lied to about what was agreed upon? Do I have legal rights to reclaim my check because that was my property since I received no money for it, and they took the money back out of my account? Also can they take so long in telling me about this the check not being processed? Heck they didn't even tell me... I just saw it on my statement. If I had no money in the account, I bet I would have gotten hit with overdraftfees.
Whether or not you can legally record a telephone conversation depends on the laws of your state and the state in which your bank or creditor is located. As for the original check, you won't be getting it back. It's likely the bank was charged for the check and only received an image or copy. If it's a federal government check, it is not subject to the normal rules on prompt return. If you have a claim, it is against the agency that sent you the check (for non-payment), and the agency will have to also explain why it sent what appeared to be a legitimate check, but wasn't. Your bank should have notified you within a day of receiving the check back unpaid.
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