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Home >> Checks/Money Orders >> Checks You Wrote
Series of Bank Errors: No One Takes Responsibility
Through a series of bankers' errors, a check I drafted was pulled out of my account twice. Bank A (representing the payee) sent two copied draft requests in two different sleeves to my local bank (Bank B) at two different times (9/28/08 and 10/10/08) for the same check. The money was pulled out both times. Neither bank is taking responsibility. Bank B had previously admitted their mistake in charging our account twice, and put the funds back in, however as the year-end has approached, Bank B is claiming that the funds previously put back in the account were just a loan (no written agreement for that anywhere) and is threatening (by letter) to pull the funds back out at year end if they do not receive the funds from Bank A. The payee to the check received only one payment, thus Bank A has collected extra funds. Can I pull my money out of all my accounts with my local bank, Bank B without legal reprecussion? This is ridiculous!
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 If you wrote only one check, your bank only has authority to charge your account one time, and it is not your legal responsibility to make your bank whole for making a double payment. The matter of the second copy is strictly between the two banks, and your bank should not drag you into it.
You should have every right to withdraw your funds without fear of repercussions. However, be sure to keep a record of exactly what has happened just in case your then former bank tries to pursue the matter.
Published on BankingQuestions.com 12/10/08
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