Hypothetical trial question.?

Question

A bank has a policy that they will not cash checks written on customer accounts unless the person cashing the check stands on one leg while singing the chinese national anthem. The rationalise this by saying it shows the person has good humor and is not likely to be cashing a fraudulent check. What approaches would you consider to win this case if representing the person wanting to cash the check?

Answer 1

It depends on whether my client is the depositor who drew the check to himself, or a third party to whom a check payable to bearer or to his order is delivered.

In the first case, if the stand and sing while you sign policy was in effect when I opened the account, then I would be sol, bye bye, see you l8r. If the policy was adopted after I opened the account, then I would write a check to myself for 100% of my funds and deposit it into a bank where the management are not refugee writers from Monty Python.

In the second case, I go to my bank and I go to the note & collection teller and tell her to note my protest and put the item through for collection. 99.9% likely that it will be paid.

So for the one case in more than 10,000 where the collection item bounces for want of a bad chinese gymnastics stunt, I would sue.

I would sue the person who wrote the check, because that's the only person I can sue.But I can collect the fees and penalties for a bounced check, because that indeed is what this Pythonesque bank did to the person who wrote the check: they bounced it, which usually triggers the bad check statute.

Answer 2

Sorry, the best I can do is star the question. But rest assured I will do that.

And I will flag it for future reference as well.

Answer 3

discrimination, I only have one leg. Just kidding but doesn't everyone use the discrimination thing?