Legal Question in Consumer Law in Pennsylvania

So here is my story: I went to one of wichovia bank to cash my check. It was for $890. The bank teller, a young girl, asked me if I wanted to open an account with them. I said there was no need and she charged me $5 for cashing my check. It is what it is: I didn't count the money. I never had problems with that before: they always were giving the right amount. And yesterday I got a call from my step-mother, that she was contacted by someone from that bank and they claimed they gave me $400(!) extra that day and they are about to charge her(!) account (as we used to share it long time ago)! I called them, they said, the bank teller did a mistake, we are all humans... yeah right! I don't know if they gave me any extras, but I would have definitely mention if there was almost 50% more (as they say)! There wasn't! So now they're going to charge my mom's account no matter what! And this is so ridiculous and unfair! So what, can they now charge you for any money they want WITHOUT ANY proof?


Asked on 6/09/10, 10:54 am

1 Answer from Attorneys

Banks usually do not cash your check if you do not bank there. However, I assume that your step-mother does. Yes, banks can set-off against any accounts that you have at the bank if you caused a loss to the bank

I would schedule a meeting with the branch manager of the bank - bring your pay and receipts. Did you get the name of the person who called? What proof do they have? Did the teller come up short in her daily tallies? Could she have erred? Or embezzled the funds? You want to see some proof that it was her or the bank's error and not yours. To avoid having the bank charge your ste-mother's account, make an arrangement with the bank to pay back the funds if it turns out to be you

Your step-mother should then go a different bank and establish an account there. And so should you. Look for a credit union if you are a member or small community bank.

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Answered on 6/10/10, 11:29 am


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