I issued a NetBank personal check to pay a traffic ticket in Hillsborough County Florida. Few weeks later, I get a letter from the clerks office telling me they had the check returned due to "unable to locate." In another words, my account which is active and sufficient funds to clear the $118 check can not be found. $48 in charges was added to the $118 ticket and if I do not come up with that additional funds, the State of Florida will suspend my drivers license. When the State of Florida suspends my drivers license, there will be another additional fee of $45 to reinstate it.
I contacted Netbank and told them first via e-mail and then a follow up phone call for the above referenced. I demanded that they debit my checking account for $118.00 and them eat the $48.00 in additional fees with a letter of apologie to the Clerks Office eliminating myself as having anything to do with this ordeal. I further demanded that they overnight this certified check to the Clerks Office and I provided them that address.
Their position on this was that they had never received the check in question and that the Federal Reserve returned my check. The check itself is not posted on my account nor is the $118.00 debited from my account either. Additionally, I have faxed a copy of the check front to Netbank.
In reply, they now want a clear copy of the back of the check which I am effectively mailing out Friday February 25. My position is that the back of the check is a moot point since they verified they never had gotten it to begin with but I am still effectively mailing a copy of the check out Friday February 25.
Netbank (as I forsee in my crystal ball) is going to take the position that it is not their fault since they never receieved the check and are going to try to pass the buck (literally) to the Federal Reserve.
Since Netbank is in Georgia they should receieve from Florida the copy of the back of this check by Monday and they will tell me Monday or Tuesday "It's not our fault."
If Netbank chooses to take the position "It's not our fault" it is going to result in lititation. Not maybe, not possibly but certainly. They can chose to add the Federal Reserve as a Third Party Defendant if they so chose.
The bottom line facts are undisputed:
No. 1: The check issued for payment of this traffic ticket was a check issued to me for use with my checking account by Netbank themselves.
No. 2: Sufficent and Available funds were/are available at the time the check was issued and deposited by them.
No. 3: If the additional fees are not paid, my license will be suspended and subject to arrest for driving while license suspended.
0 comments