Capital One Bank ATM malfunctioned and took check and bank will not deposit it or give it back Luling, Louisiana

I had went into my local Capital One Bank branch on Hwy 90 in Luling, LA on 9/15/2012 to deposit two checks in the atm in the amount of $356.33 each. Both checks were written from my employer directly to me and both were signed by me with my account number written on back below my name. The atm took the first check and printed out receipt to confirm deposit. I inserted the second check and the atm took it and malfunctioned with a message which said, "This machine is currently unavailable please try another location". I receipt did not print out this time. So I attempted to insert my card and it was not working. So I tried a couple more times and it started to work again and I printed out a mini bank statement and nothing was shown that the second check was deposited. I immediately contacted the bank via the number listed on the atm machine. I spoke to a representative and he advised me to go into the branch on Monday morning and speak with the manager and they can get the check out the atm.

Come Monday morning I visited the branch and talk to a customer service rep who I explained exactly what had happened. She had told me they do not service that atm (even though it is a capital one atm directly on their property) that the guys come out Tuesdays to service it. She said she will call me Tuesday and let me know if they find the check in the atm. She also said for my to call the claims line to file a claim because they have to do that anytime there is a situation like this. So I filed a claim promply as soon as I got home. Tuesday came, no call so I finally called at 1:30pm that afternoon and she said yes they did find the check and it would be deposited to my account that night. Well that night came and went, no deposit so I called Wednesday afternoon and told her it still did not deposit. She said to come in to the branch and sign a form for the claims department and we can fax it over, I done this right away. After that I came home to contact Capital One claims department. I asked them what the status was on this claim they had little to no information and said it takes 24 to 48 hours to process and put into my account. I told them ok but I really need to have the funds deposited in my account by 12 noon on Thursday to avoid many late charges on bills. They said ok but all they can tell me is it takes 24 to 48 hours. So I said ok hopefully it will be in my account by then.

I just called Capital One claims department at 10:30am this morning. I asked them what the status was on this claim. They repsonded by saying it is still under research. I asked how can this be? What is under research? I have my check, written directly out to me from a law firm, signed by me with my exact account number on back. She said they had to make sure there was no overage or anything in the atm. How can they be overage if it did not even accept my check?! I explained her the significance of this and that I needed these funds deposited once again by noon today. She had said, I don't think it will be in there in a couple hours. I said ok, I have tried to resolve this diplomatically and I have failed so now I am forced to take the further steps necessary to resolve this issue. Now, here it is 12 noon today and still no deposit. So I had filed a complaint with BBB and now I am here as my second stop of several more because I am not stopping here. They have been holding my signed check with my name on it hostage since Saturday. I have had enough and basically this is robbery and I am not going to tolerate it.