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Check Cashed in Error

Posted on 9/29/14 at 9:35 pm
Posted by BlakeB123
Baton Rouge
Member since Jun 2006
100 posts
Posted on 9/29/14 at 9:35 pm
I recently sent in an application along with a check for several hundred dollars for annual dues to a local organization. I was later informed that I did not get into the organization. When asked about what would happen to the check, I was informed by the organization president that the check would be shredded. I trusted him as this was a reputable organization and never gave it a second thought. Several weeks went by and last Friday morning as I was checking my bank account balance I noticed that the check had been cashed. I quickly found the e-mail stating that the check would be shredded and replied that the check had apparently been cashed in error and that I would like to know how they planed to return the money to me by the end of the day (I didn't ask that the money be returned by the end of last Friday, just that they let me know how they planned to get it back to me in a timely manner). Anyway, here I am late Monday night and I have not heard anything from them.

What is a reasonable amount of time to allow them to get the money back to me? What legal recourse do I have to force them to return the money to me? Can I demand interest on this money until they return it to me? If so, how much and how do I notify them of it (e-mail?)? Would this be worth pursuing in court? Any other recommendations on how to get this money back? If this was $20 or even $50 I'd be more willing to sit back for a while and hope they make it right, but since this is several hundred dollars I would really like to get it back immediately.

Any advice would be greatly appreciated.
Posted by wickowick
Head of Island
Member since Dec 2006
45786 posts
Posted on 9/29/14 at 9:41 pm to
This is a test by the organization...
Posted by BlakeB123
Baton Rouge
Member since Jun 2006
100 posts
Posted on 9/29/14 at 10:11 pm to
Well if it is a test by the organization, I'm not sure I want to a part of an organization that basically steals money from people. So I still would like to know how to get my money back.
Posted by reb13
Member since May 2010
10905 posts
Posted on 9/29/14 at 10:13 pm to
Call your bank and explain the situation to them and they will tell you your best action for recourse.
Posted by foshizzle
Washington DC metro
Member since Mar 2008
40599 posts
Posted on 9/30/14 at 1:07 am to
quote:

Call your bank and explain the situation to them and they will tell you your best action for recourse.



Exactly so. Dispute the transaction and it will get worked out. More than likely a clerk somewhere just sent in the check when he shouldn't have, it happens all the time.
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
65411 posts
Posted on 9/30/14 at 5:34 am to
This isn't the bank's issue, they did exactly what they should have here. If you want advice on this issue, ask an attorney. Personally, as the facts are presented here, I'd send a USPS Registered letter, (return receipt requested) to the nimrod fully explaining the situation and requesting immediate full repayment. That will cost you <$15.00. If you get it, write off the $15.00.

If another week goes by with no remedy, go up the chain to the District or State level chair and give them a phone call first. If no quick solution (including your cost of your first USPS Registered Letter) is not effected, send them a Registered Letter, with a bill including both the USPS costs and the original amount and threaten legal action.

This post was edited on 9/30/14 at 5:36 am
Posted by LSUSUPERSTAR
TX
Member since Jan 2005
16297 posts
Posted on 9/30/14 at 7:00 am to
Didn't get into NAMBLA?


Seriously, just call and talk to your bank. Also go talk to the organization in person. They should be able to write you a check. I wouldn't worry about interest at this point.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
36915 posts
Posted on 9/30/14 at 9:26 am to
How big of an organization is this? Do they have a local office and staff? Or is it all volunteers?

Were you sponsored by someone on your application? If so, I'd call that person and ask for help.

For the bank to get involved other than maybe telling you who to call, I would think there would have to be some sort of theft or fraud involved. I'm not sure if this rises to the level of fraud.
Posted by LSURussian
Member since Feb 2005
126826 posts
Posted on 9/30/14 at 9:34 am to
If you don't get your money back within a reasonable amount of time, as a last resort you could take your claim to small claims court in Baton Rouge city court. You don't need a lawyer to do it.
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