Bank error

[chrlskrhn]

On 12/29/07 I received and deposited my regular monthly pension check ($3200) which was drawn on the SAME BANK as I deposit to. On 1/2/08, funds from the deposit were "available" and I cashed a $3000 check.

On 1/3/08, I tried to use my bank debit card to pay for $30 in groceries, but it was declined. When I got home, I called the bank as to the problem and they explained that the pension check deposit had been reversed, but could not say why, leaving me with a $2800 negative balance (plus associated fees and overdraft charges).

On 1/4/08, I contacted the bank again and was now told the pension check was returned NSF. Then I called the pension fund who assured me it was "impossible" for the check to be NSF. But they contacted the bank and the bank admitted they had erred. The bank then contacted me and said they were "re-depositing" the dishonored item and I would have availability to my funds on 1/5/08.

On 1/5/08 my online checking statement still showed a negative $2800, so I contacted the bank in person. The manager on duty apologized that availability had not been restored as promised but, it being Saturday, nothing could be done until Monday (1/7).

As I am writing this on Sunday (1/6), assuming things are corrected tomorrow, do I have a claim for damages against the bank? My damages are traumatic and emotional distress (my wife cried all night on 1/3/08 and I basically lost a day's work on 1/4/08 as I tried to get it straightened out. Also, several checks I had written were returned by the bank to various payees on 1/3 & 1/4, causing embarrassment.

Based on what you say here, you could file suit against them (or at least threaten to do so) in small claims court or in regular court; filing in small claims court is easier and requires no attorney...you could try to collect all of the costs and damages that you suffered due to their behavior...