Consumer complaint received 2019-07-12
Company: SUNTRUST BANKS, INC.
State: NC
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
On XX/XX/2018, I entered into a verbal contract with XXXX XXXX XXXX ( the " Defendant '' ) to pressure washing my home in the amount of {$190.00}, and to paint my deck the following day ( at a price to be determined ). I paid the Defendant via check # XXXX in the amount of {$190.00}. On XX/XX/XXXX, I noticed my check had been altered and cashed by the Defendant at his bank, Sun Trust Bank, in the amount of {$290.00}. Immediately I stopped payment on the check, reported the fraud to my bank, XXXX XXXX XXXX XXXX ( XXXX ) as well Sun Trust Bank and the XXXX Police Department. After XXXX  investigation, {$290.00} was returned to my account. 
On XX/XX/2018, I ( the Plaintiff ), instituted a civil complaint in Small Claims Court ( XXXX ) for money owed against the Defendant. On XX/XX/XXXX, we appeared before the magistrate. The magistrate ruled that since the money had been returned to my account, she was dismissing my complaint as I was seeking {$5000.00} in punitive damages. Unhappy with the magistrates decision since uttering a check is a felony per conversations with representatives from my bank and law enforcement officials, I filed an appeal on XX/XX/XXXX, again, seeking {$5000.00} in punitive damages. 
On XX/XX/XXXX the Defendant, his attorney, and I appeared before an arbitrator. The Defendant 's attorney filed two ( 2 ) counterclaims against me. The arbitrator  ruled against me on one of two counterclaims filed by the Defendant 's attorney. Per counterclaim # 1, the arbitrator ordered me to pay the Defendant {$190.00}. Per counterclaim # 2, the arbitrator dismissed the Defendant 's claim wherein he sought damages for defamation. On XX/XX/XXXX, I filed an Arbitration Request for XXXX XXXX XXXX to appeal the arbitrators   decision. 
Around XX/XX/XXXX, the Defendants counsel filed for summary judgment and was awarded such due to an oversight on my part to respond to the counterclaims. On XX/XX/XXXX, I eventually responded to the Defendants counterclaims in addition to the Courts summary judgment entered against me. 
On XX/XX/XXXX, this case ( XXXX ) was heard before Judge   XXXX XXXX in NC XXXX XXXX. 
My altered check submitted as evidence clearly shows the Defendant endorsed it and received cash presumably in the amount of {$290.00}. Judge XXXX apparently believed counsels statement and the affidavit of Sun Trust Bank Manager XXXX XXXX over my statement despite my evidence, such as my bank statement as well as documentation from my XXXX. 
Judge XXXX made me feel as though I was the villain and not the victim in my own case! He ordered me to repay the Defendant more than he was entitled to, if anything. Now I have to pay the Defendant {$290.00}, a check cancellation fee of {$12.00}, and interest of 8 % commencing from XX/XX/2018, with regard to counterclaim # 1. Counterclaim # 2 was dismissed by counsel after Judge XXXX stated now I have a problem with this counsel. The Defendant 's counterclaim # 2 was riddled with lies. I had a witness present in addition to signed statements from property owners to refute the Defendants claim of loss of business and income. 
Judge XXXX ruling against me is completely absurd! How is it that the Defendant ( who cashed an altered check ) gets to be compensated for more than the contracted amount ( {$190.00} ). Why am I being punished when the Defendants counsel ( XXXX XXXX ) stated to the Court, that according to Sun Trust Branch Manager XXXX XXXX, it was the banks error in entering {$290.00} and that the Defendant only received {$190.00}? 
Again, Defendants counsel stated in court that, according to Sun Trust Bank Manage XXXX XXXX, the bank made the error of entering the check for {$290.00} which hit my account. Defendant counsels claim that ( per his interpretation and conversation with XXXX XXXX ) the coding on the back of my check ( # XXXX ) was not honored by Sun Trust Bank for {$290.00}. This is an absolute fabrication. My check hit my bank and sent my account into a negative balance which was depicted on my bank statement. Even representatives at my bank ( XXXX ) are in total disbelief of MrXXXX XXXX 's affidavit and the Judge XXXX ruling. An XXXX representative stated, the Defendant is being awarded more than what the check was written for how is that possible? 
I plan to file a lawsuit against Sun Trust Bank and XXXX XXXX since it was their error that is now causing a judgment against me for over {$300.00}. 
In addition, I plan to appeal Judge XXXX ruling as it is unfair and awards the Defendant more than he is entitled to receive because he knowingly cashed an altered my check.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation