Legal Question in Banking Law in California

The bank gave me money they claim I didn�t have. My brother deposited 3500 dollars into my account. After waiting a day for the money to clear in my account I withdrew 3500 dollar before 12 pm which is the cut�time for the money to clear from my account and not be at a pending status. So from my understanding and from the information I receive from the bank, at the time I took the money out my account I should have been at a balance of zero. The next day I checked my account and found that there was 3500 dollars in my account. This was not a surprise to me considering my brother always puts money into my account frequently. Then proceeded to take out 1100 dollars, (the banker told me that was available to me). What I want to know is, am I liable for paying the bank the 1100 dollars that I took out of my account? The bank feels that I am because they said that I didn�t have that money in my account after I with drew it the 3500 dollars. They claim that there was a glitch in their system and that why I had that money still left in my account. What do I do about this situation? I feel that if there was a problem with the system then the bank should be liable for 1100 dollars not me.


Asked on 12/21/10, 10:05 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

If someone negligently drops their wallet on the sidewalk and you find it, are you entitled to keep the money in it because it was their fault in dropping the wallet? Of course not! You took money out that was not in the account. The bank is entitled to get its money back from you.

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Answered on 12/26/10, 11:03 pm


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