My question involves a consumer law issue in the State of: TEXAS
A few days ago, I wrote a check for my monthly rent out of the wrong checkbook, we'll call the bank behind this checkbook Bank B. The bank behind the intended checkbook Bank A.
I get a call and email from Bank B explaining that I had until noon Central that day to propose a means to resolve the situation before they returned the check. Returning the check would impose several fees from Bank B, and my landlord, who also gets dinged for a returned check.
I submitted one proposal to the NSF "agent" who was assigned to my situation. It was shot down and she was able to explain adequately to me why that suggestion would not work. Later, I came up with another idea that fit within the parameters she outlined and submitted it to her via an email at 11 AM CST. Unfortunately, this agent does not like to communicate via phone but rather email. So I sent her an email and I quickly dashed out the door to move funds around before the noon deadline so everything would happen expeditiously as I have been advised should be done.
After going through the process of initiating, canceling, and moving funds around from several different accounts to facilitate my proposal, I get an email back from her postmarked AFTER noon saying she had marked the check for return at 10:30 AM CST. Now I am in a situation where I owe several different fees to Bank B and my landlord who was dinged by their check running service for a returned check.
I have been advised by a former attorney (who I merely know as a friend) that I should sue Bank B for not allowing me the full time they stated in writing they would give me to resolve the situation. I do, however, want to get a second opinion on this issue.
If I were to sue them, my intent would be to have the bank in question compensate all parties for the returned check that COULD and was able to be made whole within due time. Do you think I have a "leg to stand on" in court?