Consumer complaint received 2015-07-06
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: MI
Product: Bank account or service
Sub-product: Checking account
Issue: Deposits and withdrawals

Complaint:
I issued XXXX checks from my checking account : Check # XXXX was issued to my ex-husband for {$810.00} for court issues for divorce on XXXX. Check was not cashed. Court orders changed. Check was not returned. 
Check # XXXX was issued to ex-husband for {$7800.00} for court issues for divorce on XXXX. Check was not cashed. Court orders changed. Check was not returned. 

Due to change in court decisions and divorce circumstances the issued checks were invalid. I, the account holder at Bank of America placed a stop payment on check # XXXX and check # XXXX on XXXX/XXXX/XXXX. Stop payment expired on XXXX/XXXX/XXXX. 

Bank of America stated I would not need further stop payments after the expiration date due to the stale check policy : any check over 6 months old CAN NOT BE CASHED. 

On XXXX/XXXX/XXXX check # XXXX was cashed at XXXX Bank. 
On XXXX/XXXX/XXXX check # XXXX was cashed at XXXX Bank. 
Both checks were deposited in my ex-husband 's account. Thus depleting my checking account of {$8600.00}. 

Check # XXXX was almost 13 months old. 
Check # XXXX was almost 8 months old. 

I went to Bank of America to question how this could happen. The bank assistant manager stated this should not have happened due to " Stale Check '' cashing policies. She was trying to help me get my monies back. She stated she was recently almost fined for a XXXX (? ) Law due to a 6 month old cashed check. She requested the bank manager speak to me. He was very rude. Stated clause XXXX in the pamphlet I received in XXXX upon opening my account covers the bank if any checks just happen to get cashed. It was not his problem. I left very discouraged and in tears. 


I then went to XXXX Bank to question their stale check cashing policy. I spoke to the bank manager. My first question was what is your stale check cashing policy? She stated 6 month old checks CAN NOT BE CASHED. I showed her a copy of my stale - stop payment checks and asked how could this happen? She very quickly stated this can happen since they were deposited and there was nothing she could do. I left very discouraged and in tears. 

I then phoned the corporate office for Bank of America. I spoke with a gentlemen there who quoted the same. He was very rude. Stated clause XXXX covers the bank if any checks just happen to get cashed. It was not his problem. Again I was very discouraged as I specifically asked if the stop payment of 6 months was enough to protect my account. 

Since this time I have been to Bank of America on XXXX separate occasions to witness the bank clerk telling a customers their check could not be cashed due to it 's " stale check '' status. Thus, being over 6 months old. The last occurrence was to cash a check my mother wrote to myself. It was just a few days over 6 months. I was told it could not be cashed or deposited. 

I am very upset with this situation as I had additional hardships due to this incident. I had to go back to court to have my ex-husband pay me the monies he was not entitled to. Thus, having to hire an attorney. These monies were monies I needed to support my household and expenses. I feel the bank has violated my consumer rights and wish to be properly compensated. I also wish for the bank to receive the Federal fines that may be applicable.

Company public response: Company chooses not to provide a public response
Company response to consumer: Closed with explanation