5/29/2007Can a bank Prosecute you

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.

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

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.

thanks for the encouragment dixie

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

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

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

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

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.

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.

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

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.

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.

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.

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.

As of now, I am withdrawing my membership. PEOPLE, HE STOLE MONEY! IF I ROBBED A BANK, IS IT OK IF I DID IT TO PAY MY BILLS... HELL NO! You are as bad as the damn PDL.

Leah.. I am donating my points to you... you have been extremely helpful to everyone and I appreciate you.

Dixie,it does no good to leave in anger.There are numerous points of view on anything we discuss here& I would be sad to see a member leaving just over a difference of opinion.If you wish to talk pm me or Mike.

Dixie, we here try very hard to assist people, like ourselves to find a remedy to situations that are against us. No one here condones taking money that does not belong to anyone, we are just brainstorming on ways to reduce trouble for a fellow consumer.

Dixie,
There is no way I or any member of this forum would advocate stealing money. What I was saying was that yes, he is going to have to pay this money back, that is very true--but since this was a bank error, they should wave any fees that would normally happen due to overdrafting the account.
If they hadn't made the error, he never would have had the money in the first place and never would have gotten into the mess for starters. He never should have written the checks, that is also very true, but I feel that the bank should also own up to its part in this. I have worked in a bank processing center and have actually keyed in checks, and know how easy it is to make a keystroke error when you are keying in thousands of numbers on a shift. I have made them myself, I'm sure.
He also owns a huge part of this, which he is trying to make right--and I support him.
So I really hope you don't leave and look forward to seeing posts from you in the future.

I thank everyone for their comments and support. I did not write any checks on this incident. The checks where written before this and came through during this, that is why the over drafts are there.

My bank has sezied my paycheck, now i have nothing. That should make some happy here and others not. I made a mistake and I am paying for it.


what is in your closet?


thanks

So what did the bank say to you? Did they acknowledge the receipt of your letter? I figured that they would take your direct deposit...they are going to take everything that goes in there until they are paid off.

A similar situation in the news today - but involving a lot more money - the lady was prosecuted. I am certain it would help your case to step forward immediately to explain your side and work out arrangements to get the money back ASAP.

http://www.msnbc.msn.com/id/18947150?GT1=9951

Dixie- I'm sorry you are thinking of leaving. There are many people on this forum-which means many opinions, egos,etc. People express their opinion,doesn't mean they are right or wrong. Desperation will make people do things they ordinarily won't. The original poster will have to settle this on his own,we are giving solutions, I don't think anyone was infering it is ok to neglet their reponsibility, rob banks, etc. I have, in the past, not figured my account right, and then had overdrafts, but, I had to face that one. My youngest son thought that because he could keep getting money out of the ATM, he thought he had money :lol: So he had to go to the bank and sit down with a bank officer and make payments to pay it off..KAren

HeretoHelp: That was alot of money in that story. That is crazy stuff.

Yes, 2 million is a HUGE mistake to take as a miracle. And from what I read this lady had to know it was a mistake. And instead of notifying the state, she goes on a spending spree and padded her retirement account. Plus she screwed the state government out of money. I have had checks inadvertantly sent to me as reimbursement, and I have had my reimbursement checks from the state sent to other vendors. I immediately sent the check back, don't want to screw around with government money, they will definately prosecute, especially over $2 million dollars. She knew exactly what she was doing.

I know this is an old post but can the mod reomove my name from these?

thanks,
Luke

Your name has been removed from all posts.

thank you very much1


luke

I really need a mod to remove my name please, and all the other requests for the same I made yesteday.

thanks
Luke

Got it Luke - I'm on it! :D

I think I got them all . . . . Let me know if I missed any - Just send me a PM. :D

thanks goudah2424, your the best.

luke

As a former manager of a bank, they will not prosecute you as long as you in good faith return the money in a reasonable time. I once gave a client 90 days to clean up their account. It costs more money to prosecute than it cost to settle the account. However, they will probably close your account.

FYI- I still see your name on each and every post!