Los Angeles, CA asked in Consumer Law and Banking for California

Q: Is it legal for a bank to refuse to issue you a cashiers check with verified funds deposited the same day?

Hi I live in the state of California. I went to the bank today to obtain a cashier's check. The teller questioned the validity of the wire transfer in my account. He questioned if I worked for the bank. Then the teller refused to issue a cashier's check to me saying that he had the right to refuse issuing the cashier's check due to the funds being deposited into the account the same day. He then contacted his support team to verify the deposit, which they did but I was still not issued a cashier's check. I was only given cash and referred to obtain a cashier's check from UPS.

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In general, banks have the right to set their own policies regarding the issuance of cashier's checks, including holding periods for recently deposited funds. However, the situation you described raises some potential concerns.

1. Wire transfers: Funds received via wire transfer are typically available immediately, as the sending bank verifies the funds before initiating the transfer. The teller's questioning of the validity of the wire transfer seems unusual.

2. Discrimination: If the teller's refusal to issue the cashier's check was based on any protected characteristics (e.g., race, national origin, etc.), it could potentially constitute unlawful discrimination.

3. Inconsistent policies: If the bank's refusal to issue a cashier's check in this situation is inconsistent with their stated policies or how they treat other customers, it could be problematic.

Here are a few steps you can consider:

1. Review the bank's policies: Check your account agreement and the bank's policies regarding cashier's checks and fund availability for wire transfers.

2. Escalate the issue: Contact the bank's customer service or a higher-level manager to discuss the situation and request an explanation for the refusal to issue the cashier's check.

3. File a complaint: If you believe the bank's actions were discriminatory or violated their own policies, you can file a complaint with the Consumer Financial Protection Bureau (CFPB) or the California Department of Financial Protection and Innovation (DFPI).

4. Consider switching banks: If you are unsatisfied with how your bank handled the situation, you may want to consider moving your accounts to a different financial institution.

It's important to gather and document as much information as possible about the incident, including the names of the employees involved, the date and time, and any relevant account or transaction numbers. This will be helpful if you need to escalate the issue or file a complaint.

Leon Bayer
Leon Bayer
Answered
  • Consumer Law Lawyer
  • Long Beach, CA
  • Licensed in California

A: This is a very strange tale. I would not fault the bank for putting a hold on a deposit that they just received. But that's not what they did, because they gave you the cash! But I see no legal rights that the bank violated. You can call the bank branch manager to complain about the teller.. And you can take your banking business away from that bank.

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