My dad wrote a check improperly also, however his situation seems to be less "cut and dry".... Please offer your thoughts.
April 2010, he paid his federal taxes with his personal check. He owed $404.00 and wrote $4004.00 in the number portion, but wrote out four hundred four dollars in the written portion.
The bank processed the check for $4004.00 and made his account overdrawn.
The bank then "put" $3600.00 into his account to prevent the overdrafts.
In May 2010, IRS (US Treasury Dept) sent him a refund check for $3600.00. The bank told him to sign it over to them as they had given him a "mini-loan" to cover the costs back in April.
This part is still unclear to me, but the local bank says that they sent the check to their "parent" bank- CoMerica, who was suppose to credit the treasury department with the $3600.00, however the treasury department states that they have not received the money and that my dad is still responsible for the $3600.00
I am trying to get clarity on how much money was actually paid by the bank to the IRS. It does not make sense why each entity feels that they both are "due" this $3600.00 dollars.
IRS has told my dad that he is responsible for the $3600.00 and that they will withhold his future income tax returns until the amount is paid back.
Since this can get much "uglier", my questions are:
1- what is the possible liability the bank holds for cashing the check for the numerical value as opposed to the written value?
2- Where can I get documentation to substantiate this issue?