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  • Report: #564477

Complaint Review: US Bank

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  • Submitted: Thursday, February 04, 2010
  • Last Posting: Tuesday, February 23, 2010
  • Reported By: Lucky — Lafayette Colorado United States of America
US Bank
Internet United States of America

US Bank, Colorado Creative, ad hoc check holding Internet

*Consumer Comment: Against the law


1Author 2Consumer 0Employee/Owner

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A client wrote me a check I just learned was from a closed account. As usual, US Bank held the funds for a few days then released them. No longer pending. Funds available. So, I made a bunch of small purchases knowing my real, available balance. Suddenly, FIVE DAYS later, the check is returned and all my little purchases put me in overdraft so I racked up fee after fee. Of course, this puts me further in overdraft, making me scramble to pay the bills that will automatically come out of that account, and the downward spiral continues.

1. US Bank held the check and then released the funds. Did I mention they were no longer pending? Did they not find out then that it was from a closed account? If not, what was the purpose of "pending" deposits?
2. They released the funds, and the burden of checking the client's bank is not on me. The fact that they put through the deposit from a nonexistent account is their mistake, not my floating a check.
3. It's interesting that the check was returned after I had several purchases pending, almost as if they were waiting for a chance to get as many overdraft fees as possible.

I took a screen shot of the transaction history of my account to prove it says the funds were available. Now I have to not only collect from the client, but from the bank.

This report was posted on Ripoff Report on 2/4/2010 11:15:41 AM and is a permanent record located here: http://www.ripoffreport.com/banks/us-bank-colorado/us-bank-colorado-creative-a-45fbc.htm.

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#1 Consumer Comment

Federal Rules

AUTHOR: Flynrider - Phoenix (USA)

1. US Bank held the check and then released the funds. Did I mention they were no longer pending? Did they not find out then that it was from a closed account? If not, what was the purpose of "pending" deposits?

  You're right.  They released the funds and they were no longer pending.  The purpose of pending deposits is to hold funds until they can clear.  Unfortunately, Regulation CC (Expedited Funds Availability) says the bank can only hold onto funds for a given period (complicated rules depending on the check).  The bank must release the funds even if the check hasn't actually cleared.   Just because the money shows up in your account, doesn't mean the check cleared.   The bank can be fined if they don't release the funds, regardless of the status of the check.

2. They released the funds, and the burden of checking the client's bank is not on me. The fact that they put through the deposit from a nonexistent account is their mistake, not my floating a check.

In your world perhaps.  In the real world you are on the hook with your bank for money you withdraw against a bad check.  Ultimately, the client that wrote you the bad check is responsible for the original amount, plus your overdraft fees.

Not what you wanted to hear, but those are the rules.


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#2 Consumer Comment

Against the law

AUTHOR: I am the law - Chicago (USA)

You just admitted that you wrote checks for items and/or services on a check that hadn't cleared.

This is against the law.


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