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Can I sue? US Bank cashed a stolen check in diff state & came back and took all funds from acct. 10-3-12. Still not resolved.

Chicago, IL |

10-3-12 in Missouri, stolen check cashed, my signature forged. Bank will not answer regarding if ID was used, show me video, tell me who cashed and dispensed funds, etc. Found out around 10-15-15. Still have not received all funds, and being harassed by bank for overdraft fees and negative balance on closed account. Mismanaged fraud complaints, forced to submit another one after initial was found to be in my favor for stolen check. They said they were not notified it involved a stolen check, but it was on my first fax to them. Then deposited some of the funds returned into a client's account. Probably over a week cumulatively spent at the bank, on the phone, faxing and sending original copies, going to police station, late fees, checks bouncing, etc. Can I sue? more details avail

Attorney Answers 2

Posted

Check your banking agreement.....some have an arbitration only clause.

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Posted

I opened the account in 1974. The bank has changed ownership at least 5 times since then. I would have no idea about an arbitration clause.

Posted

You might take this to small claims court. Chances are good that the bank will just settle rather than pay an attorney to fight unless this involves a lot of money.

I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.

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Posted

It involves $5520 in stolen funds, plus overdraft charges. I am more interested in suing for negligence and emotional distress. I have spent over 20 hours on the phone, over 5 days at the bank for hours at a time, filed two separate fraud complaints due to their oversight, and all the while being harassed by the bank for overdrawn accounts, stating they had no record of the fraud complaints or the frozen account, despite giving them all the file #s. It has now been 2 months of distress awaiting all my funds to be returned.

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