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Posted: Tue May 29, 2007 3:36 am Subject: 5/29/2007Can a bank Prosecute you

5/29/2007

Can a bank prosecute you in a court of law in the state of IL if you made a deposit in your checking account one day and the next day you checked on it and it was 5,000 instead of the 50.00 you put in and under extreem duress because of paydayloans, etc.; then I paid my bills on line from that checking account with it. Two days later they debited the 5,000 which was almost gone from the day before. Now what, I donkt have the 5,000, i still am trying to pay off my payday loans. Im so scared now. It is worst than ever before.

Can they prosecute me and put me in jail. It was there mistake to put 5,000 in from a 50.00 deposit, and it was my fault for thinking it was a miricale from God.

Really need help from someone who has gone through this before asap.

thanks,
Luke

Posted: Tue May 29, 2007 3:41 am Subject:

Even though it was their mistake, I believe they can prosecute. In my rules and regulations for my bank, it states if they inadvertently deposit an incorrect amount, they hold the right to be able to withdraw that amount again. Check and see what your rules and regulations are for your bank. I would call the bank and work something out with them. They might arrange payments with you. Good luck.

Guest · Posted: Tue May 29, 2007 3:48 am Subject:

thank you dbaker6

I have a letter to them I will be sending out today certified with a return reciept explaining to them what my side is. I already put 1,200 back in. I asked them to forgive me and if I can set up a payment plan with them and not to prosacute me. Hope it works. I would appreciate any and all information on this subject, as of now I am shaking so bad it is hard to type.

thanks,
luke

Posted: Tue May 29, 2007 9:28 am Subject:

At the risk of being called ugly names by some people... you were in the wrong totally. That is stealing. You knew that money wasn't yours.

Posted: Tue May 29, 2007 2:24 pm Subject:

thanks for the encouragment dixie

Posted: Tue May 29, 2007 2:25 pm Subject:

where here to help each other not condem, whats in your closet

Posted: Tue May 29, 2007 2:27 pm Subject:

as bad as it may sound if i were in his shoes i probably would have done the same thing. when i was taking the money i would have just said to myself oh well i will just work out some type of payment arangement later...but thats just me..now i just get to pay off like 1600.00 in pdls..yay me

Posted: Tue May 29, 2007 2:27 pm Subject:

Luke, I sent you an email. Let me know if you got it.

Posted: Tue May 29, 2007 2:28 pm Subject:

Try this link, hope it helps. Debtcruncher is in Ill., try pm'n him, he may be able to help he is in the banking industry.

http://www.obre.state.il.us/LAWS/LAWS.HTM

Posted: Tue May 29, 2007 2:29 pm Subject:

I always would side with the little person, and wonder what I would do under the same circumstances, but in the end, I would not touch the money, because most laws are against the account holder, when a deposit was made in error by the bank. It is not worth the trouble. However, in one case, a man found about 100,000 dollars in his account one day, withdrew it in the form of a cashiers check, and I heard that he was fighting the bank. I have not heard of the outcome though.

Posted: Tue May 29, 2007 4:20 pm Subject:

Your concern to pay back is all what matters. It may be the bank's fault or not and in the same way, you also didn't do anything intentionally. If you are asked to prove what you did with the money, show how you used the money. You never spent it on any luxuries.

Do all correspondence with your bank in writing so that you have a proof of every action.

Posted: Tue May 29, 2007 5:40 pm Subject:

Luke.....did you write any checks against this money??? I have some info that I will share with you if you did through PM

Posted: Tue May 29, 2007 5:52 pm Subject:

Luke, By putting that $1200 back in you have shown good faith. I really think that if you are upfront and honest and make good on your payment arrangements you will come out of this ok. Have you talked to people at your bank? Sometimes it's better to get all the possible scenarios out in the open. Don't worry and lose sleep over it, find out exactly what your possibilities are..Then you can do what you need to do. Good luck, we're here for you. And remember, everyone makes mistakes.

Posted: Tue May 29, 2007 6:31 pm Subject:

Fins is right. Everyone makes mistakes, and we're here for you. I would think the bank would work with you since the error was with both parties. Let us know what happens. The best of luck to you.

Posted: Tue May 29, 2007 6:45 pm Subject:

A bank would rather work it out, so as to not get much publicity over this, if anything, at least get your local news involved, make it public, to 'force' the bank to work with you, since all eyes will be on them.

Posted: Tue May 29, 2007 7:14 pm Subject:

Wow, this is a good question. I think that since it was the bank's fault, the good news is that you could make a strong case for having any fees waived that you would normally incur. The bad news is that yes, you're going to have to pay it back, as you knew. It sounds like it was a keystroke error at the processing center.

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