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Can I sue bank if they didn't check to see available funds on bank to bank transaction, even though I asked them to do so?

A business friend made a $10K deposit into my account directly from his Chase account. I was told Chase could easily check Chase to Chase to see if his funds were there before I removed the cash. I asked local branch to make sure funds were available from that account. I was explained the idea of "kiting" however I later learned the check was from a CLOSED account, indicating the teller NEVER checked. Fraud Dept at Chase Headquarters said that my local branch was "somewhat careless and would have to pay for it." However I'm still responsible for funds though I feel I was scammed. I would NOT have removed cash had teller done his job. Do I have a case?

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Attorney answers (1)

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Reputation Level 20
What's your theory of the bank's liability? Even if the teller didn't check funds availability she/he did explain to you the practice of kiting which should have alerted you to the danger of cashing the check. Of course you have to pay it back: it's not your money.

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