My jurisdiction is: Florida
My wife works for a home builder in the accounting department. We just deposited her paycheck 2 days ago, and it shows cleared in our checking account. But another employee came to her and said that their paycheck got returned. So she got with the bank that the paychecks are drawn off of. What has happened is that the builder is in the process of settleing on a loan for a couple houses that had been built and never sold, and in the process the decided to freeze the checking account.
They claim that they notified the owner of the compnay, but he is stating he was never told. Between knowing the owner and her having delt with this bank very extensivly in the past, she knows that the owner is telling the truth, and the bank is full of it. The problem is this all came about just before 5 on Friday (today) so he (the owner) was not able to get anyone to answer at the bank that could help. So we wait until Monday. The other problem is, our mortgage payment has been scheduled for electronic debit from our checking account. Our bank is saying that if the payroll account is frozen, then tonight at midnight, it will be taken back out of our account.
Do we have any recourse against the payroll bank for failure to notify, or can we hold our bank liable, since they already cleared the check, and they should have cleared it electroncally before showing cleared to us. The reason I ask that is I have a family member who is a police detective in Indiana, and he had a case fo the Nigerian money order (they pay too much and have you send the excess back, only for you to find out later the money order was bogus). He said in this particular case, the bank had to give the customer the money because the teller never put a hold on the funds. But that could be an Indiana law.
My wife works for a home builder in the accounting department. We just deposited her paycheck 2 days ago, and it shows cleared in our checking account. But another employee came to her and said that their paycheck got returned. So she got with the bank that the paychecks are drawn off of. What has happened is that the builder is in the process of settleing on a loan for a couple houses that had been built and never sold, and in the process the decided to freeze the checking account.
They claim that they notified the owner of the compnay, but he is stating he was never told. Between knowing the owner and her having delt with this bank very extensivly in the past, she knows that the owner is telling the truth, and the bank is full of it. The problem is this all came about just before 5 on Friday (today) so he (the owner) was not able to get anyone to answer at the bank that could help. So we wait until Monday. The other problem is, our mortgage payment has been scheduled for electronic debit from our checking account. Our bank is saying that if the payroll account is frozen, then tonight at midnight, it will be taken back out of our account.
Do we have any recourse against the payroll bank for failure to notify, or can we hold our bank liable, since they already cleared the check, and they should have cleared it electroncally before showing cleared to us. The reason I ask that is I have a family member who is a police detective in Indiana, and he had a case fo the Nigerian money order (they pay too much and have you send the excess back, only for you to find out later the money order was bogus). He said in this particular case, the bank had to give the customer the money because the teller never put a hold on the funds. But that could be an Indiana law.
