Should I sue the company and the bank for theft of my account? It was about $500 deposited then taken. I suffered overdrafts, and no food, gasoline, heating gas, etc. for a week as a result. Also my pets have no food, and caused me emotional distress..
2006-12-05 06:11:25 · 7 answers · asked by Terry W 1 in Business & Finance ➔ Credit
The company apparently deposited it too early, then had it taken back.
Damages are no fault of mine, the bank ATM said I had money so I spent some. The bank may have a clause to take it legally on a agreement, but that does not include damaging me. I will probably file in small claims court.
2006-12-05 09:45:02 · update #1
If the company deposited your check early, in error, they have every right to take that money back. Because you spent that money before it was yours to spend, you have incurred several overdraft charges among other things. The company prbably has their payroll sent out to an angency that does only payroll processing, so they wouldn't have been aware of it anyways. What if it hadn't been your payroll check, but instead, the bank made an error and deposited some little ol' granny's monthly social security check into your account? Would you feel bad for having spent all of her monthly income? Sorry to say, but money doesn't fal lout of the sky, or grow on trees, you have to earn it, and you didn't earn it yest. Also, sounds to me that you are just trying to get someone to agree with you before taking this to court. "emotional distress???????????" If they hadn't deposited it early, you still wouldn't have had food for your pets or yourself, so what would you have done in this situation? I say your are lucky that all you have are some overdraft charges. It's not the banks or anyone elses fault that you can't stick to a budget, and good luck trying to get a judge to see things your way. I have a feeling that you are going to be laughed out of the courtroom.
2006-12-06 02:21:33 · answer #1 · answered by mommy 3 · 0⤊ 0⤋
Sounds like you were not entitled to the money and knowing this you spent it anyway. I would of called this to the attention of the company I worked for and I wouldn't of touched a dime until such time as I was entitle to it.
A few years ago, I was hired part time for a Company and after a few months they made me a permanent employee. I didn't realize at the time, that this would make a difference in my pay period. As a part time employee I was always paid in the rears. When they made me a permanent employee I was paid in advance. My first paycheck after becoming permanent was huge. I didn't want to take a chance of having to reimburse the Company so I called the accounting department. I advised them of the mistake in my pay and found out about my new pay structure. I was entitle to the money and therefore I spent it.
2006-12-05 06:52:26 · answer #2 · answered by Plain Jane 3 · 0⤊ 0⤋
It depends on the date of the companies check. If deposited 5 days early then the company may not have transferred the funds soon enough to cover the deposit. You have no one to blame. If you were paid on time it still would have been 5 days later. So are you mad at the world or are you just being mad at yourself for not sticking to a BUDGET! get over it you only have yourself to blame.
2006-12-05 06:21:06 · answer #3 · answered by golferwhoworks 7 · 0⤊ 0⤋
It is legal. If you call the bank, they will tell you the date on the check is for a reference number. A company does not have to wait to cash post-dated checks. The ones which do, are providing you a courtesy, nothing else.
2006-12-05 06:43:37 · answer #4 · answered by Mariposa 7 · 0⤊ 0⤋
That sounds like a bank's right of offset. When you get a credit card from a bank and fail to pay their credit card bill they have the right to take your money from a bank account to cover that bill. It is in the card agreement you signed.
You probably owed them $600 and they weren't going to wait for it. All legal since you agreed to it.
2006-12-05 07:06:08 · answer #5 · answered by Rich Z 7 · 0⤊ 0⤋
Where's the rest of the story? Why would the bank just "take" your funds? Why would it be the company's fault? For depositing early?
Make some more sense, please.
2006-12-05 06:31:05 · answer #6 · answered by mickeyg1958 4 · 0⤊ 0⤋
Why did they take it? Not enough information to answer, but you might talk to the bank and find out why.
2006-12-05 06:47:15 · answer #7 · answered by Anonymous · 0⤊ 0⤋