San Diego, CA asked in Banking and Civil Litigation for California

Q: How can I get my money back from a bank who allowed a ck in my name to be deposited without my endorsement?

The bank has frozen the funds and claim they can’t id me even though I have a passport and CA Drivers License but because I no longer have the same cell phone number from 2 years ago they can’t verify my identity and refuse to release these funds to me I requested that they return the check/funds back to the endorser, CA ERAP, but they have refused to send back to endorser.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Business Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Dealing with a situation where a bank has frozen funds and is refusing to release them due to identity verification issues can be challenging, but there are several steps you can take to address this problem:

Gather Documentation: Assemble all relevant documentation, including the passport and California Driver's License, and any other identification or proof of residence you may have. Also, gather any documentation related to the check in question, such as correspondence from the endorser (CA ERAP).

Visit the Bank in Person: If possible, visit the bank branch in person. Face-to-face interactions can sometimes be more effective in resolving such issues. Bring all your identification and documentation with you.

Explain the Situation Clearly: Explain the entire situation to a bank representative. Emphasize that your identification documents are valid and up-to-date, and highlight the importance of the funds being released or returned to the endorser.

Request Higher-Level Assistance: If the initial representative is unable to assist, politely request to speak with a manager or someone in a higher position within the bank.

Written Communication: Follow up your in-person visit with a formal letter outlining your situation, the steps you have taken to verify your identity, and a request for the funds to be released or returned to the endorser. Keep copies of all correspondence.

Contact the Endorser (CA ERAP): Inform the endorser of the situation. They may be able to assist or provide additional documentation that could help in proving your identity or the legitimacy of the transaction.

File a Complaint: If the bank continues to refuse to release the funds or return them to the endorser, consider filing a complaint with a relevant financial authority or regulator. In the U.S., this might be the Consumer Financial Protection Bureau (CFPB) or your state's banking regulator.

Seek Legal Advice: If the amount is significant and all other avenues have been exhausted, it may be worth seeking advice from a lawyer who specializes in banking and financial disputes.

Document Everything: Keep a detailed record of all interactions with the bank, including dates, times, names of the people you spoke with, and the content of the discussions.

Remember, while banks have procedures to prevent fraud, they also have an obligation to provide reasonable customer service and address concerns effectively. Your persistence and the clarity of your communication can play a crucial role in resolving this issue.

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