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I deposited a 7000 check on Tuesday (8/20/2013) and when I did that I was advised that since it’s over 5000 dollars I would only

Nashville, TN |

I deposited a 7000 check on Tuesday (8/20/2013) and when I did that I was advised that since it’s over 5000 dollars I would only receive 4000 the next day and the rest in a week. Well I never received any money. I got documentation stating what I was going to get when I deposited the check. So I was like maybe I would get something on Wednesday (8/21/2013), I never did. I called the bank and was advised that they were not holding my money at that branch, a branch in another city was holding my money. I asked them why they were holding all of my money. They told me that they did not know, I would have to call another branch. I did that and was advised that they called the place to verify the check and was told the check wasn't any good. The lady in another city (Clarksville, TN) said she had contacted Merrill Lynch and was told the check wasn't any good. I said what, this is my 401K money through my employer with Kelly Services, which Merrill Lynch handles their 401k benefits and Merrill Lynch is a billion dollar company. So I took my information from Merrill Lynch that I had and went to the branch where I opened my account up at and called them (Merrill Lynch) personally to resolve the issue. Before I did that I told them what the bank had said. Merrill Lynch told me that was false information because they would need to get authorization from me to give any of that information out. So in other words, if her contact gave her information about me; that person gave out personal information that they weren't supposed to give. Well I took my information up to the bank and gave them permission to talk to the man at the bank. Merrill Lynch did advise them that the check was in fact good. After that the man at the bank apologized and said we will go ahead and release your money and you will have it Friday the 23rd of August. Woke up Friday Morning and checked my account and the money wasn’t there. So I called the 1800 number to speak to someone from the bank. They told me that they see all that has happened and again they apologized to me. They gave me the number to the man that was over all the branches in this region. I called him and left a message and he never called me back. I also called his Secretary and left a message and she finally called me back. She said she will check it out and called me back. She called me back and said we couldn't verify the check. I then told her that I just went down there and called Merrill Lynch and gave them authorization to talk to the guy at the bank named lance, who was the manager at the time, at the branch where I originally opened my account up at. She then said oh, well let me make a couple more phone calls and she said she would call me back, she never did. Then I got a notice in the mail on the 25th of August, which was Saturday stating that I got a lot of over draft fees or something, which I don't because I get paid every week. I called the bank on that issue and they said the system automatically sent that out and not to worry, someone took your account off hold and put it right back on hold which caused the documentation that I received. I am ready to take legal matter against them because I have had it with these unprofessional people and I am sick of worrying. I was supposed to spend the weekend with my son in MS but now a cannot do any of that. I am so upset. Plus I have high blood pressure and I could end up having a hard attack because of all this. Do I have a case?

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Attorney answers 1


You may have a case but from the description of your damages, it's unlikely it would be worth suing over this. If you have a heart attack (which I certainly hope you don't) and a doctor says it's because of the bank's actions then contact a personal injury attorney. But if your only damages are a delay of access to your money and you missed visiting your son for the weekend, then it's likely you will spend more suing the bank than you will get back from a lawsuit. Once you get this resolved, consider switching banks. Voicing your disapproval with your money is often the best revenge.

Nothing in this communication should be construed as creating an attorney-client relationship. I provide this service for educational purposes only. I will take no action on your behalf unless you have hired me and a written retainer agreement is signed. I am licensed only in Tennessee and I strongly suggest you consult with an attorney in your city and state as Statute of Limitation deadlines can limit your recovery.



I was advised that they could only hold your check for a week. My question is why would they want to hold your check if it has cleared? Thank you for your quick answer sir I do appreciate it.

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