A fraudulent out-of-state check was deposited to my bank account on Sept. 1, 2009. It was posted as good right away, and on Sept. 15, it showed as no good and was debited from the account. Was my bank negligent in posting it and calling it good for two weeks? Can I go after my bank legally?
Your bank had no way to know whether the deposited check would be paid, and it appears to have provided you its normal next-day access to funds deposited by check. There was no "good" or "not good" in that fact; you simply had access.
When the bank finally learned the check was being returned unpaid, it charged your account for the check amount. The bank was not negligent. You could go after them. Anyone can sue anyone else for almost anything, but you don't have a case.
You are liable to the bank for a bounced check you deposited. You are almost always liable, because if the check was returned late by the bank it was drawn on, you might have a defense to being charged for a bounced check.
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Your bank had no way to know whether the deposited check would be paid, and it appears to have provided you its normal next-day access to funds deposited by check. There was no "good" or "not good" in that fact; you simply had access.