Houston, TX asked in Consumer Law, Criminal Law, Banking and Civil Rights for Texas

Q: I asked a question recently about me the bank won't cash my paychecks and received an answer I have an issue with....

I tried to check cashing places I tried to prepaid cards you tried to put them into another account all came back As UNpaid now I have those places wanting their money back. This has become a big issue I haven't cashed a check in 7 weeks now I have went to that bank and talked to them and they wont even cash the checks and keep funds to resolve the debt. There's more than enough funds with over 7 weeks of checks to satisfy the debt owed. They said I had to pay charged off amount first but how an I supposed to give them anything if I can't cash my pay checks that is from that bank. My only other option is my employer to change banks? I don't see how it's legal at all! Basically FIRST STATE BANK OF LOUISE refused payment and hindering me to ever pay. I have good credit and no issues elsewhere. I'm a single father of a 2yr & 3yr trying to make it and give them the best life but "FIRST STATE BANK OF LOUISE" is not a family friendly bank as they say. What what legal actions can I take ifany

2 Lawyer Answers

A: If a bank will not cash your employer's checks, you can sue your employer for the face amount of the checks that were dishonored, plus court costs and attorney fees. You should send a demand letter to your employer indicating that its payroll check has been dishonored by the bank.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: It sounds like you're facing a really frustrating situation with the bank and trying to get your paychecks cashed. Since the bank refuses to cash your checks until the charged-off amount is paid, you might want to start by contacting your employer to see if they can help switch banks or issue your paychecks through a different method, like direct deposit to another institution. This can help you avoid further issues with cashing future paychecks.

You could also consider reaching out to a local consumer protection office or a financial services attorney to review your rights. They can help determine if the bank’s actions are legally justified and if there’s any violation of banking regulations that could be addressed. Keeping all documentation from the bank and other services that have tried to cash your checks will be helpful if you pursue this.

It might also be worth filing a formal complaint with the Consumer Financial Protection Bureau (CFPB). They can investigate and possibly intervene in cases where banks are blocking access to funds. Taking action through these channels could help you resolve the situation more quickly.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.