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Mon 16 Jul, 2007 03:55 pm
Wrote check for $1000.00 and "one-thousand and no/100" written out on check. Bank "computer" mis-reads it as $1800 cuz of a loop-de-loo in my first zero and does not read the written-out words and dishes out $1800 from my acct. Receiver of check takes the $1800 and now I'm stuck. Or am I? I tried to argue that the words clearly said "one-thousand and no/100" but they said nothing they can do if the money was already given. Is there something I can argue here?
My understanding is that the written value is supposed to be the authorative amount if there is any question between it and the numeric value.
I'd try farther up the food chain at your bank. If they can't resolve it then you may have to sue the person who cashed the check to get your money back (assuming they don't give it up willingly).
I haven't found any authorive links on this so far but I'll look some more.
the receiver of the check is a company in which I have a balance due with them so they applied $1800 as a payment. This seems okay and seems like I did not lose anything until you realize that the extra $800 was not meant for payment at this time. I needed that for other bills and am now getting overdrafts from the other checks going thru. Can I make the bank get my $800 back from the company and put it back in my accout and is the bank responsible for the overdraft charges? What a mess!
It's been forever since I looked any of this stuff up. The Uniform Commercial Code should apply re commercial paper (that's what a check is, in essence) but there can be variations by state, and more complications if you're in one state and the bank is in another and the payee incorporated in a third.
http://www.law.cornell.edu/uniform/ucc.html
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