HELP! Someone stole $250, from my bank account i had put a block/frozen

[bufffbison]

On October 24, my check book was stolen. As soon as I noticed that it was (the same day) I immediately called GMAC Bank to put a block on my account (nothing is to be deposited or withdrawed, for increased security) and told them i'll deal with my credit card company/electric companies since i did have two payments going through. ANYWAYS. Since per their policy, i couldn't reopen another account until after two weeks the account has been blocked. ok fine. Then just a few days ago, checks were being written by whoever stole them. (yes i have in contact with West Carrollton police about the situation). But since i had the block my account, the checks were canceled. HOWEVER, there was a withdrawl made of $244.00 even though i had a block on the account. so i called gmac bank told them why was this withdrawn made, cause my account is still frozen. so i demanded the money to be put back and they need to investigate this with the police dept where the checks/withdrawls were coming from... but they said they couldn't deposit the money back into the accont and said they'll "look" into it, however the woman said I am responsible for withdrawls/checks that go against my account BULLSHIT!!!

so from that point i was furious, cause i have a BLOCK on the account and that NOTHING GETS DEPOSITED, WITHDRAWN, AND THAT ALL CHECKS ARE CANCELED! so now i am stuck with a stolen check book, $244 stolen, AND i dont know if anymore money has been taken out. i was able to confirm the block was still active and not lifted.

If anyone can help me out on this, it would be greatly appreciated. thanks! I have contacted the police about this and i feel like nothings being done and i fear that more money has been taken out. ...and GMAC BANK still won't open a different account to prevent anymore money being stolen.....

anyone, please help me!!!!!! should i consider hiring a lawyer? (i do have about $6,000 in this account!

[EC]

1. Put it in writing to the manager of the bank

and keep a copy...once it's frozen you've done you're part and the freeze is part of their customer service.

[AirmensMom]

2. Well, I'd go over and get the rest out.

Why would you want to leave the rest of your money there? Can you un-block it long enough to do that? Then go find a better bank.

I don't know if you need a lawyer ... they're pretty expensive and could eat up all your money in no time. At the very least, talk to someone higher up in that bank and demand your money back. You can probably make enough noise for them to pay attention.

[Rich Hunt]

35. oh heavens no...

We wouldn't want anyone to talk to lawyers now, would we?

[AirmensMom]

38. It's not that ...

I just got finished paying a lawyer a bundle and I think he was well worth it for what I needed. But at $320/hour, they are pretty expensive. Why would you spend that to get $244 back if there are other ways that might work? I didn't mean to offend lawyers -- I'm practically in love with mine for the way he handled my case.

[mzmolly]

3. They are breaking the law. If you did not sign the check YOU ARE NOT

liable. The bank should have copies of your signature on file, and LEGALLY, they are obligated to refund your money when you did not authorize a W/D.

I'd call and let them know you are aware of the law.

All you should have to do is sign an "affidavit of forgery" and the merchant who accepted the check without identification will take the loss.

Let me know if you have any more questions. The bank may try to give you the run around, don't accept it. Tell them it is their obligation to VERIFY signatures/purchases against your account - PERIOD.

[uncle ray]

9. yes, that's all you "should" have to do, but reality is different.

i was in a similar situation, did the affidavits and all, it still took me many months of dealing with the courts to clear my name, the kicker is, the person who wrote the bad(stolen) checks on my account fessed up, was willing to testify and take the blame, but the court would hear none of that! after i was finally cleared, they still never pursued the actual offender. justice, ha!

[mzmolly]

44. That is a shame.

I'd raise hell.

Part of the problem with this type of situation is the lack of vigor in prosecuting people who steal credit cards and check books etc.

Credit cards are harder to rectify then Checking accounts generally speaking. But, it's been a while since I was in banking so things may have changed?

[bufffbison]

10. thanks....i'll keep all of ya updated and ask for help if i need it.

since gmac banking is all online, its impossible for me to go in withdrawl all the money and or talk with someone in person.

I am going to call them tomorrow to raise more hell. they said they'll get back with me today, but they didn't. so this is it.. i've had enough. this is identity theft and its illegal.

i'll also go into the police dept and hopefully they can help me by calling the bank (they have leads who it maybe and are needing more leads to track the people.... apparently they've been breaking into other homes/businesses stealing things)

[caligirl]

4. Close the account and go to a new bank. Not a lawyer here

but sounds like they don't want to hold the tellar accountable. Go to a VP in the bank?

They may think you won't pay the $300 or so for a lawyer to scare them.

By the way this happened to us years ago. Checks were stolen out of a marine base post office and a check was forged for 99 dollars at a Safeway just off base. We were treated reasonably well by the Bank of Hawaii. I think they put it back when I disputed the signature on the check and noted other checks that were never recievedc from the banks check making service.

[The Velveteen Ocelot]

5. Contact a lawyer.

I'm pretty sure that (assuming your state follows the Uniform Commercial Code, and most all do), when a bank pays a check over a forged endorsement, the bank is stuck, not the account holder. Maybe the bank needs to be reminded of this, and a lawyer will do this.

[zalinda]

6. Go in and talk to the bank manager

If there is no physical bank, call and ask to talk to a supervisor. They should be able to help you. Ask THEM if you should hire a lawyer. Sometimes a subtle threat will get you more action than a lot of yelling. Be very calm and "nice" when you talk to them. If you don't get anywhere with them, then contact a lawyer.

zalinda

[OhNoTheyDidNot]

7. I don't know about your bank but last year someone got a hold of my ATM

pin number and I guess they created an ATM card from that. They then went to another bank and withdrew $300 dollars per day for 3 days until the bank thought it was suspicious and blocked my account and called me. It took a week for them to straighten it out and I had no access to the money in my account. Lucky for me I always tuck away a little in case there is an earthquake so I survived the week (gas, etc) with that. I believe they will return your money. They always say they have to look into it but once they do, they will see it isn't your signature or if it's an ATM transaction, they are all photographed. The first post said put it in writing - that's a good suggestion but I believe you will get your money back. It also has happened to my husband twice and both times, the bank returned the money (even though it takes about 5 business days, which is very frustrating)

[bufffbison]

12. thanks for the advice...

i just dont understand how a withdrawl was made, when a block was placed a week before AND checks prior were being canceled. so my guess someone had f*cked up the bank and let the check through. i guess i'll call area businesses/banks tomorrow asking them if anyone has used GMAC check in my name.. i guess that help me resolve it some.

[OhNoTheyDidNot]

19. Well if it was a check that got through it was a bank error -

When you block an account or put a stop payment on a check it is up the the bank employee to check to see if there are any flags up on that account. Let's just say some employees are more careful than others and some get tired or lazy and don't thouroughly check each and every check. I am certain they will acknowledge this was a blocked account and they made an error. In the meantime, it's Friday night and they left you thinking you may be liable for this. You won't. It was thier error by not checking the account before pushing through the check. Have a good weekend, you will get your money back and if this teaches you anything, always have some cash on hand in case of emergency ... emergencies come in many different forms.

[NJCher]

8. sue the bastards in small claims

Rather than send an attorney. they'll replace the money.




Cher

[DURHAM D]

11. What do you mean by withdrawal ?

Did they cash a check written to another party (i.e grocery store)?
Did someone come into the bank and make a withdrawl or write a check for cash?
Did someone make an ATM withdrawal?

[bufffbison]

16. the transaction says is a withdrawal

But they used check number 1014. so i dont know if they cashed that check at a bank, or if they used it to buy something at store or whatever. cause $244 is a lot of money.

[DURHAM D]

23. If the person who stole your checkbook was able to

cash a check in the bank without an i.d. then the teller who cashed it (overrode the block) is in cahoots with the theif. This happened to a friend of mine. Teller got fired.

If a store clerk processed a check without proper i.d. the store is responsible plus the bank for failure of the block.

Just so you know, banks always treat the person reporting a stolen checkbook as a liar. Reason being that a large percentage of stolen checkbook reports are bogus.

[Greyhound]

33. Could be an e-check transaction? n/t

[bbinacan]

13. When you get this resolved

change banks. A good friend of mine had his checkbook stolen and the thief stole $2000. The bank refunded the money in a couple of days.

[GrpCaptMandrake]

14. Don't screw around

Tell the bank you're filing a complaint with your state's Attorney General Consumer Protection Division and with the State Banking Commission. Then DO it. Each office should have fill-in-the-blank forms. Couldn't hurt to call the "consumer advocate" reporter at your nearest, biggest TV station, either.

Answering the inquiries will cost them time and more money than they owe you.

Betcha get satisfaction.

:toast:

[bufffbison]

18. thanks im on it

i've already posted a complaint on ripoffreport.com and on BBB. i'll email the federal researve and other protection agencies right now and call them in the morning.

[GrpCaptMandrake]

22. It's your STATE banking commision you want

and your STATE attorney general. Should be a process in place for handling consumer complaints.

Good luck.

Let us know when you win. We all need all the inspiration we can get!

[napi21]

15. The bank is at fault in this situation, however, you did not say the

withdrawl was a check. It could have been anything! I pay ALL my credit card bills directly from my bank account using the credit card's web site, and all I need is my routing # and account #. That does NOT excuse the bank. If the account was frozen, their auto system should have just rejected any payment. The other posters can't just assume the bank is trying to protect one of their tellers, because there may not have been any teller involved.

I suggest you speak to the Bank manager, and if you still get no satisfaction, contact the Federal Reserve. They have oversite responsibility for all banks. It may take several phone calls, but you'll get your money back.

After this gets resolved, I strongly suggest you change banks.

[sepia_steel]

17. Withdraw your money and take it somewhere else.

If they don't care abotu your money or your business, someone else will.

I had over $1200 stolen form me once in a single transaction. Someone got online and Western Union'd themselves my money, then some buddy of theirs made the pickup.

move your money NOW, before you lose anymore. And do call attorneys and see what they have to say.

[bufffbison]

20. i would take out my money, but they bank won't allow me to

so thats where im coming from if i really need a lawyer. i guess thinking about it, i probably should. i do have prepaid legal services from the college i attend, so i'll try to get in contacts with them tomorrow....thanks for the advice.

[oneold1-4u]

21. Banks are not very reliable

I thought they were, and often paid little notice to my account records. Just happened to notice on one, once, with a MAJOR bank in OR, that there was an odd check. (when they returned canceled checks)
It was a counter check that didn't have my account #, my bank # or even my name or signature on it! Had I missed seeing and reporting immediately, it could have taken months to have had the money returned to my account, if ever. When you deposit (give) your money with any banking concern you must take in to account that they make some big mistakes! I have lost money myself but do not appreciate losing it with banking errors and with todays electronic programs it is even harder to clear up!

[high density]

25. Employees with little training and no attempt to retain skilled employees

People at banks who are doing the check processing are probably making less than the janitors cleaning up after them. If my experience is anything like the norm, the turnover rate in check processing departments is fairly high which only increases the error rate. Ignoring the low wages, the bad hours and the overall monotonous work pattern also make it hard to find or keep decent employees. I think you're probably a bit safer regarding errors at a smaller bank (I think they'll generally work harder to keep your business before or after an error), but don't go to a bank that's too small or then you'll probably be at the mercy of some outsourced processing center.

[high density]

24. I agree with others, pull your money out of that bank

I worked for a fairly small community bank and I think we often gave customers the cash first and did the investigation later. It's not like the bank is going to miss $244 for a couple of days. Was the "withdrawal" in the form of a check or a transaction with a teller? If it was done by a teller then that's the bank's fault. Also it sounds like any checks written on the account should be returned to the depositor bank instead of being charged to you. It sounds like a general lack of information and/or training meltdown going on.

[Starlight]

26. Ask for a supervisior and submit an "affidavit of forgery" like mzmolly

suggested. Get a copy for your own records. There's no need to waste money on an attorney.

[bufffbison]

27. will do... thank you so much everyone...

well i think im gonna head for bed... i need rest now!

night..thanks again everyone! ya guys are the greatest!

[Corgigal]

28. Did you ever report this theft to your local police agency?

You should have a case number assigned to your report. This should work no different then if your car was reported stolen and the thief crashed and total it a few days later.

Take your police report to the bank. That should help clear it up and when everything is cleared up, close the account and move to another bank. Monitor your credit report for a few months might not be a bad idea.

[bufffbison]

29. yes i have... in fact

there has been numerious house/car/business break-ins in my area lately. the police believe its the same people who stole my check book they're on gmac's butts right now, finding where the check came from. but its the fact that gmac bank is telling me im responsible for the loss and not them.....which is bullshit cause i had the account locked since 10/24 and the withdrawal was made on 10/28!

[bufffbison]

30. well, what i know for sure is, once this is cleared up, im chaning banks!

[radwriter0555]

32. As always, I suggest a local credit union. There usually is one that

will allow regular citizens to join, definitely something to google for your area.

Banks are just blood sucking leeches. You are entitled to free services and GOOD service because you let them use your money. Any bank that charges you is not a good bank.

In the very least, try to find a small local bank that doesn't look like it will get gobbled by the mega conglomerates any time soon, but a credit union is the way to go, especially with interest rates, and most importantly, customer service.

[proud2BlibKansan]

31. That is terrible

My checkbook was stolen and my bank couldn't have been more helpful. (Bank of America)

I had all the money back in my account within hours and a new debit card and new checks in just a couple days. I was on vacation when it happened and it wasn't a huge hassle at all. B of A also went after the thief and worked with the police to solve the crime. And they helped me notify the credit bureau, etc.

It was a bad experience but I had to give my bank kudos for the way they handled it.

[Matariki]

34. i've always received good help by calling my states attorney general

[Rich Hunt]

36. uh huh

"Call the bank manager."

What a crock. The only reason you would do that (if you could get through - a ha hah ha ha ha ha!) would be to determine whether the management was responsive and sympathetic or whether they knew there was a problem and were covering it up.

[Vinca]

37. First thing Monday morning I'd be at the bank waiting to see

the manager. If he/she brushes you off, I'd notify the banking commission of your state as well as the attorney general's office. As soon as you can access your funds, I'd close the account and give them the raspberry as you exit the bank. You might want to get a statement in the police report for good measure. You could hire an attorney, but it wouldn't be worth it for $244. You might file a small claims action against the bank. Chances are they'd settle as soon as they get served. If you still don't get the cash, chalk it up to bad luck and move on. Life's too short.

[ohio_liberal]

39. Was it an electronic withdrawal?

It it was, you can do an ACH reversal on an unauthorized transaction to get the money back. It's a long story but I had to do this with my Grandma--someone called her on the phone, told her they were a rep from the bank, and she GAVE them her information. Two days later the bastard stole $900 from her checking account.

As for forged checks, there is a method too to protect yourself after it happens. If you want, I'll call my bank and ask. They're extremely helpful.

[sandnsea]

40. There's a state banking board

Or federal, I don't remember which. I had problems with a bank about 5 years ago. They LOST MY MONEY. I swear to fucking god, they LOST IT. For about 5 days. Then, they had the nerve to chastise ME because I got mad. I called some banking board, I will hunt it down for your state if you want, and then my bank bent over backwards. Too late bucko, you lost my goddamned money!!! I'm thinking it was through the commerce or trade section of government. Like I said, I'll poke around for your state if you want. That is unacceptable, totally.

[bufffbison]

41. yes please, that'd be very appreciated.

you can email me the info here [e-mail]



Well since the bank is closed, i have to wait till monday. but i am continuing to file complaints and threatning to take them to court.

[sandnsea]

45. Try this

If you don't find your state in here, let me know.

http://www.google.com/search?hl=en&lr=&q=state+banking+commission&btnG=Search

[LisaL]

42. That doesn't sound right. Even if you hadn't blocked the account,

they should have refunded the money. When I had my credit cards stolen, all the money spend by thieves were refunded to me by the credit card companies.

[Booster]

43. I had someone take one check out of my checkbook at work,

filled it out and cashed it for $485. I didn't even know it until I got my statement a couple of weeks later. I called the bank and told them not only was it obviously not my handwriting, but they had even mispelled my name. The bank apologized and put the money back into my account the same day. Your bank is bullshitting you, especially since this was obviously their mistake for not honoring your instructions. Go in and insist on talking to the manager.