QUESTION

CAN I SUE MY BANK FOR GIVING WRONG INFORMATION THAT RESULTED IN MY ARREST?

Asked on Dec 31st, 2012 on Personal Injury - Montana
More details to this question:
ON DEC. OF 2009 I WAS ISSUED A PAYROLL CHECK, I SIGNED IT AND TOOK IT TO THE BANK TO CASH. WHEN I GOT THERE THE TELLER TOLD ME IT WAS POST DATED SO I COULD NOT CASH IT. I WENT BACK TO MY EMPLOYER AND REQUESTED A CHECK WITH THE CORRECT DATE THAT I COULD CASH. MY EMPLOYER GAVE ME A SECOND CHECK AND I GAVE THE PAYROLL EMPLOYEE THE FIRST CHECK. I SIGNED AND CASHED THE SECOND CHECK WITH NO PROBLEM. 3 MONTHS LATER IN MARCH MY EMPLOYER CONFRONTED ME STATING THAT BOTH CHECKS THAT WERE ISSUE TO ME IN DEC HAD BEEN CASHED AND HAD MY SIGNATURE ON THE BACK. THE PAYROLL EMPLOYEE STATED SHE DIDN’T REMEMBER WHETHER I HAD GIVEN HER THE CHECK. A REPORT WAS FILED WITH POLICE. 3 DAYS LATER I WAS ARRESTED ON PROBABLE CAUSE. I HIRED AN ATTORNEY TO REPRESENT ME ON THE 3RD DEGREE THEFT CRIMINAL CHARGE. I REQUESTED ALL OF MY BANK ACCOUNT STATEMENTS FROM THAT TIME AND DEMANDED THE BANK GIVE ME INFORMATION ON HOW BOTH CHECKS HAD ME CASHED UNDER MY NAME. THE BANK CONFIRMED THAT THE FIRST CHECK HAD MADE IT TO THE BANK “SOMEHOW” BUT WAS NEVER DEPOSITED IN MY ACCOUNT. THE FIRST CHECK WAS CASHED BY THE BANK BUT WAS NOT DEPOSITED TO AN ACCOUNT. IT WAS BEEN IN “FREE CREDIT” ACCOUNT WITH UNKNOWN DESTINATION (LIMBO). THE SECOND CHECK WAS CASHED USING MY ACCOUNT, WHICH IS CORRECT. OF COURSE I WAS FIRED FORM MY JOB AFTER BEING ARRESTED. THE WHOLE PROCESS TO PROVE MY INOCENCE TOOK ABOUT 3-4 MONTHS. I WAS PRETTY MUCH DISGUSTED WITH EVERYTHING AND SO STRESSED OUT ABOUT THE SITUATION THAT I DID NOT LOOK INTO ANY DETAILS AS TO WHAT WAS THE PROBABLE CAUSE THAT WAS FOUND AGAINST ME. I WAS JUST GLAD IT WAS DONE. I WAS UNEMPLOYED DURING THOSE MONTHS THAT WHEN EVERY THING WAS CLEARED UP AND CHARGES WHERE DISMISSED, I WAS JUST HAPPY TO BE REHIRED AND GO BACK TO “NORMALITY”. THIS WEEK I NEEDED TO GET SOME DOCUMENTATION REGAINING THIS INCIDENT FOR OTHER LEGAL PURPOSES AND I DISCOVERED THAT THE BANK WAS SUBPENAT TO RELEASE INFORMATION AND THE BANK SECURITY COORDINATOR GAVE FALSE INFORMATION. CAN I SUE FOR THIS?
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6 ANSWERS

Ronald A. Steinberg
You may have been able to 2 or 3 years ago, but probably not any more.
Answered on Jan 28th, 2013 at 6:56 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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4th paragraph from the bottom is the key. You were so upset you never looked into the matter of probable cause for your arrest. If you don't know then pray tell what is the basis for your lawsuit? I think in an earlier question you said the bank did something phoney about it all. If the bank did something phoney you may have a claim but you don't have a claim based on anger but on facts.
Answered on Jan 09th, 2013 at 9:39 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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You can always sue, but I don't know if you will recover anything. It has been almost 4 years and the statute of limitations may have run. You need to sit down with an attorney and figure out if you have a claim, if you have been damaged and if the statute of limitation has run.
Answered on Jan 08th, 2013 at 8:11 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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I cannot tell from what you tell me whether the bank would be liable. If somebody got their hands on the first check and presented it to the bank of payment and the bank cashed it, then I do not see how the bank would be liable. The person who cashed it might be. You say the bank issued false information in response to a subpoena, but you do not say what this information is, of how it relates to your charge. It sounds to me that the person/entity most responsible for this is your employer who pressed criminal charges against you when the employer should have known that you did not cash that first check. However, since the employer has re-hired you, you probably should probably refrain from suing your employer.
Answered on Jan 08th, 2013 at 8:06 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Only if you can prove that the bank knew that the information was false.
Answered on Jan 08th, 2013 at 7:45 AM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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Depends on why you need the documentation.
Answered on Jan 08th, 2013 at 7:42 AM

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