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How do I Sue Bank Of America because they lost a Check we deposit and after they deduced the fund from our account?

Asked over 2 years ago - Oak Lawn, IL

We visited Bank Of america in CHicago, IL to deposit a check that I received as part of my mother life insurance from the social security Administration in Mexico. The transaction supposedly went fine and the bank credit our account for $3, 768.99 US dollars. A few days later we received a letter from the bank telling that the funds deposited on the account were deducted because the check was listed but no enclosed. We inmmediatly contacted the bank but they gave us a different version, they said that they sent the check to processing center but they couldn't get the check paid for the bank in mexico and the original check was sent back to us, but never received the check. When we tried to call them again they maintain the version that the check wasn't enclosed. WHat can I DO Against them

Additional information
We incurred several expenses in order to process and have that check issued to me including a travel to Mexico and consular certificated letter.

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Attorney answers (1)

Ewen E Allison

Reputation Level 8

Answered over 2 years ago. Appeals Lawyer in Silver Spring, MD.

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It sounds like the bank is saying two things: they had the check and couldn't do anything with it and that they never had the check in the first place.

The real problem, though, is that the money isn't in your account.

It may be easiest to have the bank in Mexico cancel the check and issue a new one and go from there, or, better yet, have the money wired into your account.

If you still want Bank of America to get their story straight -- and perhaps get the check back in your hands -- start with the person at Bank of America to whom you gave the check. If it was a customer service representative who did some special things to convert the check into an account balance, he or she might remember you and would be willing to go the extra mile to help. What you're looking to do is to establish the paper trail of the check, a compilation of various records of places where the check physically was at any given point in time put along side a running statement of the activity in your account.

The difficulty there is that if the bank does find the check and return it to you, you still don't have the money in your account and will have to go back to the bank in Mexico anyway.

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