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About Jim Meadows
Expertise
I can respond to most questions concerning consumer and business relationships with US financial institutions. My expertise touches on deposit and loan issues and particularly on strategies to navigate through bank policies personell and practices. I have a degree in Economics, attended law school, Graduate Shool of Banking, and Commercial Lending and Compliance Schools.

Experience
I have twenty years experience as a bank CEO. Most of those years were spent operating a bank focused primarly on serving consumer/retail needs. I helped pioneer deposit and loan products for low/moderate income individuals. I currently serve on multiple bank boards and am Chairman of a Commercial Bank in Atlanta.
 
   

You are here:  Experts > Real Estate > Banking: U.S. > Using Banks and Bank Accounts > Burden of proof 3 questions

Using Banks and Bank Accounts - Burden of proof 3 questions


Expert: Jim Meadows - 8/16/2009

Question
I deposited a check into a trust account that is solely used for dispursing  trust funds. the check was returned NSF. It was then redeposited by the bank the next day and cleared. I was charged a NSF fee for a returned check that I know had sfficient funds to back it up. 1) Am I within my rights to demand the bank prove to me that this was not a bank error? They promised to reverse the fee and then reniged. 2) Do I have a right to demand a copy of a possibly recorded conversation with the bank rep? 3) Can I bill and demand payment for the time I wasted on this matter?

Answer
Mark, Demanding that the bank prove it was not in error is probably not helpful unless you have evidence to the contrary. It seems that your damages are the "NSF" fee and your goal should be to have the bank refund it. If they promised to reverse the fee they should do so. Making demands of recordings and billing the bank will just further distance the bank and make them less willing to negotiate.  Jim

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