1. Washington state man buys house and qualifies for 1st time buyer rebate
2. IRS deposits $10,000 in account of record for man (Chase)
3. Chase had already closed the account for numerous overdrafts.
4. Chase subtracts $600 for the overdraft fees and mails man a cashier's
check for $8,400.
5. Man takes check to local Chase branch and tries to cash it.
6. Bank is suspicious. Has man wait a day.
7. When man returns next day (a Thursday), cops arrive an arrest him for
trying pass fraudulent check.
8. Bank discovers error the next day, but doesn't tell cops until the
9. While man is in jail, his car (an Infiniti I-20) in the bank's parking
lot was towed.
10. It took two weeks for Chase to re-issue the check. Meanwhile, without
money, his car was auctioned off.
11. He also lost his job for missing five days of work.
All that was over a year ago and, despite repeated inquiries, no further
word has been heard from Chase.
Now the man has a lawyer. Fireworks to follow.
I fired Chase when they charged my account fifty cents to convert a $20 bill
into two rolls of quarters!
3. Chase had already closed the account for numerous overdrafts.
Without knowing the man, why is his account always in overdraft? Sounds
like a deadbeat to me and maybe this individual should not own a home.
Balancing a chequebook properly is a simple task that many fail in today's
society, however it is simple and those that do not do it receive little
sympathy from me.
Sounds like the man partially screwed himself.
Not at all. Chase accused him of, and had him arrested for, forging their
paper and then doing nothing when the "mistake" was uncovered.
The money was deposited in a closed chequing account. Does the man not have
to bear a bit of that responsibility.
I agree he should NOT be in jail but why didn't he post bail? oh wait he's
buying a house but can't afford to post bail?
Also something is suspicious about the car. The car was auctioned off after
a week or two? Is that normal in Washington State??
Again this is just speculation.
Perhaps, but there is no way a teller should allow such to happen, either.
It doesn't matter. As you point out "he should NOT be in jail" for even
attempting to deposit a *PERFECTLY*GOOD* check on the SAME BANK that issued
it. They should know IMMEDIATELY that it wasn't a bogus check. Whatever
culpability as you think he may have, or whatever you think a "normal" person
should know, the BANK IS IN THE BUSINESS. They have an obligation to know
better. From the point the mistake was uncovered and not corrected, they
should be on the hook for kidnapping.
As much crookery as I have heard about towers, especially in
Philadelphia, I don't think sale of a towed car without owner's consent
is all that hard to achieve in practice.
The way I hear it in PA, the car's most-recent purchaser gets a title
that has a lien on it if a lien exists.
If the title-holder sells the car, the way I hear it in PA, the
next-buyer has responsibility to determine that "the title is clear" or
have the seller sign an Agreement Of Sale stating that "title is clear".
Otherwise, the next-buyer-in-a-legal-sale buys the liens along with title
to the vehicle, sometimes unknowingly.
I have been advised to buy used cars from strangers, etc. only if they
sign "Agreement of Sale" including something along the lines of, "Seller
warranties that the title is clear".
(So far, I have only bought used cars from friends that I successfully
trusted to still be friends with me years afterwards, along with 2
mechanics relying heavily on reputation of honesty.)
What about a towing operation's impoundment lot charging a big towing
fee, a big daily storage fee, and it does not take long for that to exceed
net worth of the car? And the towing business let's your liability to
them be reduced to zero if you sign over the towed vehicle? (Preferably
with agreement of sale in-writing relieving the towee of other/further/
additional financial obligations to the tower, but I wonder if some of
the Philly area towers won't sign such a thing?)
Also, private parking lots with legally-allowed parking enforcement by
towing have signs indicating such...
Makes me think "Park here only if you agree to terms-and-conditions",
like clicking "I Agree" to a license agreement for downloaded software,
(even if paid-for and by a major brand), with the license agreement being
30 pages long and "I Agree" is allowed even if the license agreement was
viewed for only half a second.
And with how much crookery Philadelphia's legislators get into, and with
how much Philly is a hotbed of judges being elected after spending $$$$$
for endorsements, my view gets dim.
Please tell me how the OP's predicament is not in such a "tough town".
- Don Klipstein ( email@example.com)
If a towing company takes a car in a legal tow they can put a lien on
it for the accumulated fees and essentially "foreclose" on it. I am
sure the owner of record will have to be notified but if the lien is
not satisfied, they can get the title in a court action.
Generally these are used when an abandoned car is towed but it could
be a brand new Rolls. State law will regulate the waiting times and
terms that allow conveyance of the title.
On 7/10/2011 12:38 PM, firstname.lastname@example.org wrote:
That was a long-time racket in the town I went to college in. There was
a little-publicized ordinance that any car parked in same spot for over
72 hours was considered abandoned, and could be towed. Somehow, it
seemed the towings would spike 3 days after kids left on Xmas or spring
break, and the non-US students went home for summer. In Indiana (at
least back then, I haven't looked it up lately), towing company stores
the cars, not a government impound lot. Once cars go to auction 30 days
later, towing company's inflated tow and storage charges become the
defacto first bid. Back then, most college kids drove junkers, not shiny
imports, so the accumulated charges were often more than car was worth.
So, for the cost of a little gas, the tow company got a free car.
It was a favorite way for pissy neighbors to get even with students
living next door that they didn't like- call the PD with a 'junk car'
complaint, when they knew the kid was out of town.
And the other famous is when crooked cops are involved. Say your car
breaks down and you coast off to the side of the road and it is not a
hazard. Cop shows up and immediately declares it is a "hazard" and
notifies their "towing partner" who then splits the $250 "emergency
towing" fee with the cops.
1) typically this money is a direct deposit from the IRS. It's entirely possible
that he wasn't aware the account had been closed, this is made more credible by
the other facts of the story and way Chase screwed the pooch at every turn.
Bank should have refused deposit, returned it to IRS who should have contacted
the man and made other arrangements.
2) Why should the man be responsible for what Chase did?
On 7/9/2011 12:31 PM, email@example.com wrote:
Well, actually, the story says they _DID_ discover the mistake and
called the detective (who missed the call and apparently didn't check
for messages for quite some time) and left a message the check was ok,
One could say from that point on the blame is in the cop's department.
The car could not possibly have gone to auction and been sold in a week
or two unless it was already well along in the repossession process.
Just not possible it's going to happen otherwise, arrest or no.
That he was out of pocket and couldn't make the sale is certainly true
but while unfortunate his first phone call should have been to a lawyer
who would been able to contact a bail bondsman and get an emergency
hearing and at least get his butt out of the slammer.
One needs to get serious about working a problem when it happens so
while have sympathy for his predicament, have to say it appears he let
things snowball into a mountain.
Given our current hard conditions I think the pay of the top folks at
the bank should be doubled---oh wait they already did that after the
banks gambled heavily and screwed everyone and we had to bail them out
because of that genius "too big to fail" marketing campaign...
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