check recall?

Question

I have a large overdraft fee pending on my account. I have direct deposit and when my check gets deposit, I will loose my whole check. I called the HR personel dept. to have them recall the funds back so they can resubmit me a check, but can the bank deny the HR dept. request because of the overdraft? help!

this is not a personal check, its my payroll check from work.

Answer 1

Your company has until the bank posts it to call it back. What happens is that a few days before your deposit posts the money is sent to the bank...the bank legally cannot post it to the account until the date given to them by your company. Because until that date the money is still your employers money. You could be terminated for stealing and your payroll revoked or anything like that...so the bank cannot deny the request to return the funds (they won't know the reasoning for it).

If the deposit has posted to your account the bank cannot return the funds, they are legally yours and your employer does not have legal authority to withdrawl from your account, and that is what that would be (and the money wouldn't be there anyway as you stated, to them it is the same thing as if you spent it already).

Be prepared, this will likely cost your employer money so they may request you reimburse them for this since this is really your fault they need to recall the funds and issue a new check (to them it is the same as if you had lost your paycheck and they would have to put a stop on the check).

Answer 2

If you do that and it goes through you will end up with a warrant for your arrest for writing a bad check, or checks. So the question is do you want to cover your mistake or go to jail, or at minimum court and the additional fees associated with it. Then again once the funds are deposited they are deposited and all fees removed from them taken, so no they cannot recall the check

Answer 3

Once HR sends the funds electronically, it cannot be "recalled."

The bank has nothing to do with HR, so the bank cannot do anything if HR does not send the funds.

However, you will still owe the bank money to cover your overdraft. If you don't deposit money to cover your overdraft, the bank will report it to credit agencies, and no other bank will allow you to open an account.