Bank Of America Overdraft fees won't stop for check they paid when the checking account was over $400.00 short of funds. Kansas City Missouri

Tuesday the big shot of all the branches is going to make a decision. Either I get my fees dropped or I don't. I'll let you all know then who is to blame.

Either way it was still wrong for them to cash that check.

The contractor has been with me 15 years and he is the one who told me the story and even said I must have some kind of relationship with the bank for them to cash that check. He is doing a job for me now and has enough work from me to keep him going until the middle of February.

I guess I expected a little courtesy call but then BOA is much to big for that kind of service. They need the fees.

why not just write him a good check from an alleged good account? You're just a scumbag actually trying to rip off the contractor.

I've been a BOA customer since 1990. I think I've paid a fee 3 times in 18 years.

I still think it is wrong for them to cash a check when the money isn't there and then charge me fees.

Your right let me fight the consequenses of my actions for a bad check. I don't need lectures about the stupidity of what I did I need to know why they would cash that check and charge me fees. Everyone wants to tell me the laws of Bouncing a check in Missouri. This is wrong.

I do have other bank accounts so writing another check from another bank would have simply solved the problem.

This guy walked into the bank to cash the check; he did not deposit it into his account. They should have refused to cash the check and send the guy back to me where I would have written him a check from another bank. The bank did not call me to tell me what was going on they simply cashed that check and then charged me the fees. They even told the contractor they weren't suppose to do that but they said they would take it up with me later. The contractor told me that between the teller and the branch manager they spent 15 minutes discussing how to give him the money. Wrong... Wrong... Wrong...

"This is their fault all the way". It's their fault you gave someone a check when you didn't have the funds to cover it? And what does the date in which he goes to cash it have to do with anything? About the only time I go to the bank to get a cashier's check is when I suspect the check's no good which is probably what the contractor did. I love it when some moron blames the bank for his writting a hot check. Then he blames the contractor for going in on a certain date.

I don't know of a single bank that would "cash" a check, turn it into a cashier's check with unavailable funds. In 24+ years I've never seen it done. The bank's are smart enough not to be out any real money. I suspect the funds were available when he went in and all the other checks bounced because of the cashier's check depleating the account.

According the the law in Missouri section 570-120
http://www.moga.mo.gov/statutes/c500-599/5700000120.htm
4. Passing bad checks is a class A misdemeanor, unless:
(1) The face amount of the check or sight order or the aggregated amounts is five hundred dollars or more; or
(2) The issuer had no account with the drawee or if there was no such drawee at the time the check or order was issued, in which cases passing bad checks is a class C felony.
From your post the check you wrote (don't know for sure) was over $500 which is a class c felony not to mention all the legal fees for a felony (probably several thousand dollars and jail time)
Your extremely lucky, you have to be responsible for your actions and you should go thank BofA

'When I wrote the check there was plenty of money in the account. He waited to cash it days later. Everyone is not perfect. Anyway the point is simple, if there wasn't enough money in the account why would they cash it leaving me $400 in the whole and then start bouncing other checks that they already cashed to cover there screw up. Somehow this doesn't seem right.'

I am always astounded by people who expect banks to manage their finances for them. I hear the same pitiful excuses from people about debit cards. The lack of personal accountability by banking consumers in 2008 America is appalling. It is NOT the bank's job to make sure you do not spend money that is not available to be spent in your account. That responsibility is YOURS AND YOURS ALONE.

When you wrote that check, THE MONEY WAS LEGALLY GONE. The days of riding the float are long gone. You should not have continued spending if you were not going to have enough money left to cover the check.

Why would they cash a check you wrote instead of declining payment? Well, let us examine what happens if they hadn't cashed it. The contractor, by virtue of the fact that you wrote a check when funds were not available to cover it, could have you prosecuted for fraud and sued you for the price of the check plus fees and court costs. Perhaps you would prefer that alternative in lieu of overdraft fees?

In your state of Missouri, check fraud results in up to a $1,000 fine or one year in jail or both. In addition prosecutor can collect fee of $5 for checks less than $10, $10 for checks - $10 - $100 and $25 for check of $100 or more. I'm guessing you would not want that line on your criminal record, but I could be wrong.

One more thing before I go. Your explanation that people make mistakes/everyone is not perfect is a tired excuse. YES, PEOPLE MAKE MISTAKES. However, you do not get to weasel out of the consequences of your actions, no matter how unfair they may seem, just because 'life happens' or people make mistakes. Grow up and take adult responsibility for your actions. You mismanaged your account. Ergo, you were punished accordingly per the terms and conditions that YOU SIGNED AND AGREED TO.

No rip-off here. I have been a BOA customer for many years now. I have never paid a single fee for two reasons:

1. I NEVER write a check, make an ACH payment, or use my debit card unless there is money available to cover the payment.

2. People like you, who do NOT manage their finances wisely, continue to pay overdraft fees for your careless actions. As a result, my account and its perks are always FREE. Thank you for paying my account access charges for me!

The date he cashed the check doesn't matter. You wrote a check for $400, and then spent the $400 you wrote the check for. Just because he didn't cash the check til "days later" doesn't mean it's ok for you to spend the money

When I wrote the check there was plenty of money in the account. He waited to cash it days later. Everyone is not perfect. Anyway the point is simple, if there wasn't enough money in the account why would they cash it leaving me $400 in the whole and then start bouncing other checks that they already cashed to cover there screw up. Somehow this doesn't seem right.

would you write a check for $400 when you didn't have it in the account? Technically that is check fraud and you could be prosecuted.