BBVA COMPASS BANK Exorbitant fees and backwards posting causes financial turmoil , Austin Texas

   In the old days, what you are doing was called "floating a check".  Basically, you write a check for money that is not in your account, then later you beat the check to the bank by making a deposit.   Take your example :

"I made two charges that equaled 46 dollars and the same day made an 800 dollar deposit. "

   At the time you made the charges, I'll bet you didn't have $46 in your account.  That is an overdraft.   In the old days, this would have worked because it took checks several days to get to the bank.   Nowadays, the debit charges get to your bank within minutes.   You just can't outrun them anymore unless you use checks.

  The only way to keep from overdrafting is to keep an accurate check register for the account and avoid spending any more than your register tells you is in the account.

"Early in our relationship things were fine."

- 11 Years ago things were different.

I would bet that the quality of this "relationship" is in line with your Debit Card usage.  In that the more you used your Debit Card the less fine the relationship became.  Previously you probably either wrote checks or used cash.  With cash you went to the ATM once and pulled out out a set amount of money instead of swiping your Debit Card 5-6 times for various small transactions.  This act alone decreases the amount of your overdraft fees(if you do overdraft) significantly.  In writing a check you could "hope" that the check will take a couple of days to get to the bank in effect "floating" the funds.  So you never noticed how they post your debits or credits.  But you can be pretty sure that it has been debits then credits for a very long time.  It just didn't matter because the "debit"(check) came in after the credit(deposit).

If you do not have the money AVAILABLE in your account when you swipe your Debit Card or even write a check you have the very real possibility of over drafting.  Yes, making sure you don't spend more than is available is a way to make sure you do not overdraft.  Because then no matter how they post the transactions you won't go negative.  If you don't go negative they can not hit you with Unavailable Funds or Overdraft fees.

"I am filing a lawsuit against them because not only have they sent me into financial distress but they are also unwilling to fix the error"

- Again the "error" was on your part.  But what legal grounds are you filing the suit.  Keep in mind that everything is disclosed to you when you open the account.

"am not looking for damages or restitution just what is owed me."

- I suggest you look up the term restitution.

If you really do keep track of your money and this is just a case that you don't know how the bank posts the transactions, take it as a learning experience(yes an expensive one).  Because if you go to other banks, there is a very good chance that they post debits before credits.  So be sure you know and understand how they do this before you open up your account.

In the most recent cases, the banks have pursued this all the way through instead of settling like they used to, and the courts are finding that if the account holder failed to exercise any due diligence, the bank has no obligation to refund any of the fees.  In other words, the court has found the fees as legal and decertified the class...

It is clearly disclosed that banks can post transactions in any order they wish and they choose to post debits before credits and in amounts highest to lowest.  You can fight all you want - it is a waste of time to pursue.  Maybe you can get the bank to settle the lawsuit with you.  That's what BofA did last year.  Each person in the class was paid $78.  The lawyers were paid millions.  The bank paid a few thousand and the insurance paid the rest.

That's what you have to look forward to.  But don't worry, you should be able to easily find the person who is at fault.  Where do you find this person?:

In a mirror.....best of luck to you.

You blame the bank for your inability to keep an accurate record of your OWN checking account and now you want to file a lawsuit against them for "stealing your money"

I have an answer to that - Keep a check register, reconcile your monthly statements and STOP using the online and ATM balance - I live paycheck to paycheck and have had NO overdraft fees in 5 + years

Grow up and take responsibility for your own actions