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  Home >> Checks/Money Orders >> Checks You Received  
Bank Filed Unjust Lawsuit: How to Resolve?

I deposited a check that was for over $2,500 and asked the teller how long it would take for the check to clear. She told me that it would take 5-7 days, so I waited until the eighth day to withdraw the funds using a withdrawal slip. The bank later notified me that the check was bad, and sued me without naming the other parties involved. In court they claimed that I cashed the check instead of depositing it, and forged a letter from me as well as a counter check. I have all of the evidence to prove what really happened. What can I do to get this issue resolved?


You need to be prepared to repay the bank for the amount of the check. The law is pretty clear -- the bank has the right to recover the amount of a check that you deposit if the check is returned unpaid, even if you've been allowed to withdraw any or all of the amount of the check.

The bank was required to make the funds available to you for withdrawal by federal law, but that doesn't mean that the check was good, and the law in your state gives the bank the right to recover the funds from you. As for the rest of what you have said -- the forged letter, etc., we're really not in a position to comment, since we haven't seen any of what you've referred to, or know the timing of any of these events. We also haven't heard the bank's side of what happened. If you truly believe that you've been unjustly treated, we suggest you contact an attorney.

Published on BankingQuestions.com 10/30/07