Sure you can, but you are faced with a moral and ethical question (and therefore, you should not and notify the bank immediately). Then please consider that this error will most likely be discovered, and you will be held responsible for repaying the bank. So, come on and do the right thing.
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My opinions may not reflect those of my employer.
If you make a deposit and write the wrong amount on the deposit slip, the bank will correct it and send you an adjustment notice. They'll do pretty much the same thing here. They'll notify you that there was an error on this deposit and correct it by debiting it out of your account.
It's not your money period. You can either look really good now and or get hit later. I'm with Don on this. Come on, do the right thing.
The only way they will know there is an error is if the other guy with my name tells them. Then they will need his deposit slip. And if he lost the slip then the money is mine because the bank's deposit slip is my acct number. Unless the bank still has the original check. Do banks keep the checks?
I think you need to be aware that many banks film all transactions. The will be able to prove that the person who made the deposit is not you, and is indeed entitled to the funds.
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If you always do what you always did, you'll always get what you always got.
Banks image most everything - including taping individuals making the transactions.
What you are describing may also be called intentional theft, and if banks feel the illegally enriched party was aware of the circumstances in the transaction, many banks will prosecute.
Registered: 06/11/04
Posts: 3236
Loc: Back in New Orleans
Actually, he doesn't have his deposit slip, he would have a receipt of the deposit. The bank would keep the deposit slip, and when researching his request would realize the error. If you have withdrawn the funds, then the bank would come to you. If your account was closed, depending on the bank, they would either try to contact you, or pursue via the local authorities. There are numerous court cases with this error, and in each and every one the bank wins. Imagine if this was you, and the missing money was yours. Wouldn't you want the other person to do the right thing?
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WC done for US - let's hope we fare better in the Tour de France
Andy Z
Compliance is my life
Registered: 10/27/00
Posts: 18284
Loc: On the Net
Bottom line, what do you think is the right thing to do?
There is a thing called undue enrichment. You can't take something that doesn't belong to you because someone else made a mistake. The mistake would be found and they would take the money back if it is there, or ask for it if it is not.
Simply by the fact that you asked, you know the answer to my original question.
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AndyZ CRCM My opinions are not necessarily my employers.
Registered: 06/11/04
Posts: 3236
Loc: Back in New Orleans
This is not a dishonest banker issue, it is an issue of an error. And yes, there are laws to protect consumers in the event a bank acts illegally with intent.
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WC done for US - let's hope we fare better in the Tour de France
Registered: 06/11/04
Posts: 3236
Loc: Back in New Orleans
Well, they should. It is not your funds, and you are not entitled to it. They should also be sending a notice to you that your account was erroneously credited, and when the debit was made. Any interest earned from this deposit is your to keep.
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WC done for US - let's hope we fare better in the Tour de France
Registered: 11/26/04
Posts: 176
Loc: Crystal Lake IL
"Bank error in your favor collect $200" is a Monopoly card not reality. Once the mistake is realized the bank will have every legal right to make the appropriate adjustment.
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I can do all things through Him who gives me strength. (Phillipians 4:13)
It never ceases to amaze me when people do not realize that banks have been perfecting the handling of other peoples money for several hundred years.
We have ensured there are laws in place to protect us and our errors just like the consumer groups want to protect our customers and their errors... like putting the PIN on the CARD and losing it.
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We shall endeavor to persevere.
Quote: Why would I be held responsible when it is the bank's error? I could just think that someone I know put it in there for me. Not my fault.
Along this same logic, what if you wrote your deposit slip out for $200 when you were depositing a $2,000 check? Should the bank be able to keep the $1,800 difference?
Dan Persfull
Compliance is my life
Registered: 08/28/02
Posts: 16057
Loc: Bloomington, IN
Quote: I could just think that someone I know put it in there for me.
My apologies to my colleagues for the following comments,
but BULL S#!T!!!!
Quote: Not my fault.
Neither is it the bank's fault you gave them an extra $1800 in the above example, BUT I guarantee you'd be raising holy h==l to get it back.
I hate to see what type of morals you're teaching your children. If we're lucky, God hasn't allowed you the privilege of having children.
BOLer's I apologize - you know I usually stay away from these threads - but with the increasing number of them being posted it has gotten in my crawl - consumer and consumer groups wonder why bank fees are high - well take a look at these posters- we have to protect ourselves from these weasels.
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The opinions expressed are mine and they are not to be taken as legal advice.
You are being unjustly enriched. Eventually they will correct the error, and even if you close your account and move it out to another institution, you will be held legally responsible. You could fight that legally and possibly win, but it is doubtful.
Do the right thing and notify the bank of the error.
As stated many times above, we call this an unjust enrichment. I have seen this many times before in my line of work, a customer trying to state they "thought they won the lottery" or they "thought a family member knew of their financial needs and provided."
The bank can and will find the error and they will correct it, whether in your favor or not.
I hope you have made the right decision to notify the bank of your unjust enrichment. If you're not careful you could be held legally responsible for the monies owed back should you spend it. Be very careful when you take something that is not yours. To even hear someone ask that question, fully aware the money is not his/hers, is revolting.
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"For with God NOTHING shall be impossible."
What kind of moral standards do you have? I'm not sure why the original questions was posed to a bunch of bankers, why would we ever tell you that it would be ok to defraud the bank by knowingly keeping funds that were deposited to your account in error? I hope that you are never on the reverse end of this situation. Think of the other person with your name who is writing checks off of money that you know is not in the right account. Grow up and be honest, remember the golden rule!
Registered: 06/11/04
Posts: 3236
Loc: Back in New Orleans
Okay gang, I think we all know he was pulling our chain. No need to keep replying. When this one is not answered for a day or 2, he'll post another similar question. This pattern has been working for about 2 months now.
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WC done for US - let's hope we fare better in the Tour de France