bank wont give me my money

A bank (not mine) deposited a check that was NOT SIGNED and made out to a DIFFERENT BANK. I have a copy of the check and have confirmation from my bank and the federal reserve that the money has been deposited into (bank A). I have been working with my bank about this issue since June 2007. My bank said they have done all they can and I have to wait for (bank A) to give me my money back but of coarse they are denying they have it. the offending bank keeps telling me they have opened an investigation and it will be 120 day wait. They have opened several "investigations" already. My bank has said they are deliberatly stringing this along to avoid payment. What can I do? I would like to file charges if applicable or initiate legal action against the bank for wrongfully holding my money. Again this check was NOT SIGNED on the back and was made out to ANOTHER BANK!

What in the world are you trying to say? You start your posting, A bank (not mine) deposited a check that was NOT SIGNED and made out to a DIFFERENT BANK. WHO took the check to them, where did it come from and where did they deposit it --whose account? If it is your money, who is it from, and who took it to a different bank from yours and deposited it somewhere or the other?

Remember, those of us reading these postings haven't a CLUE as to the background. So, start at the beginning. Person A wrote me a personal ( or business) check. So and so took it to their bank and deposited it in THEIR account? But it wasn't their check--it was made out to me.

How am I doing?

Now, you try. Be specific about details without jeopardizing your privacy, of course.

sorry about that I'll try to be more specific. I mailed a payment (personal check made out to Bank A)to a CC company which is "bank A". Bank "A" never received the money. My bank where the checking acct is held, informed me that the check was deposited into an account at "bank 1". This info was the result of a fraud investigation by my bank. It was also backed up by the federal reserve. I do not have a name as to who deposited the check because the back has not been signed. I only have the bank routing numbers detailing the withdrawl from my acct to "bank 1's" general account. In other words they won't tell me the individual acct that the money was put into just that it was transfered to that particular bank. "Bank 1" is denying having the money even after showing them the paperwork detailing the transaction that took place. I have been told at this point I have to wait for "bank 1" to return my money. The problem is "bank 1" is dragging this out till I forget about it. "Bank 1" claims to look into it and says 90-120 days for a response that comes back: "we don't have your money" This has been going on since June 2007. The person assisting me with the fraud investigation at my bank said it is real clear, cut and dry where the money went and where the mistake/problem is. I don't know how a person is able to deposit a check made out to a major financial institution without signing the back. It should be noted that "bank 1" is in a different state than where I live and where the check was mailed to, how it got there I don't know. Where do I go from here? Can I pursue legal action? Do I need to contact a federal entity?
I hope this is a little clearer if not I'll try again.

So, if I understand what you are saying, presumably somehow in the mail, someone got a hold of your check you sent for payment, and deposited it into their account, without signing the back of it. So, your money is gone and your payment was never received by your creditor.

The theft of money through the mail is a criminal matter--if that is what you are saying. Have you thought of pursuing this criminally and/or with the post office? It also interests me that the bank that the check was made OUT to doesn't care that a third party processed a check made out to THEM.

Do I understand your point?

yes. you are correct. One question I have is there any action I can take against "bank 1" the bank where the money was deposited. They wrongfully processed a check that was not signed and will not return my money. As far as the theft of money thru the mail whom do I contact about it the post office? police? Isn't it illegal for "bank1" to keep my money?

To an "outsider" like me---this is hard to answer since I can't actually see or hear what the bank told you---something in their reply---maybe a phrase or a word, even could explain all of this.

IF what you are saying is true--there is a lot of wrong doing to be accounted for. I would call an attorney locally and ask for a free consultation---most of them offer that, or at least, a consultation for a small fee.

I think, if what you are saying is true, this matter could be bigger than just a misdirected check. I would contact your postmaster general and explain how your mail was tampered with, etc. Maybe enough people going at this from "different angles" will help resolve it quicker.

Thank you so much for your help!! What kind of attorney should I consult? Buisness law? Thanks again.

Business law deals with business rules and regulations--not criminal elements, such as fraud, theft, especially on a federal level---I would try someone with criminal experience, or someone who works with or has worked with the FBI before. I would call and say something like, "I need the services of an attorney who has some experience handling a case possibly involving federal fraud/banking issues, etc." I was also thinking the individual that actually took the check and deposited it----that person needs to be found and I'm sure will be--especially when the post office tracks and finds exactly where the letter went and at what point it was intercepted. Your attorney can advise you on things such as filing a police report in the locality where the check was deposited. The more people participating in this from different angles, the better. I suspect, though, that a letter from an attorney to the bank just may give them the incentive they need to cooperate.

NOTE: Avoid laughable prepaid services where attorneys you have never met write ONE letter to someone. Often times, these letters are piteous examples of legal wannabe prowess--and are generally used when the sender of the same has a reason of their own not to want to come into contact with law enforcement or legitimate legal professionals----these letters are not taken seriously by anyone other than the misguided sender. Please, retain the services of a REAL attorney who does more than churn out letters.

Let me know what happens.

I don't need to read anything more than this. Your bank is liable to you for the money because it should have dishonored the unindorsed check when it was presented by "bank 1."

It would then be up to your bank to get reimbursed from "bank 1" because "bank 1" should not have accepted an unindorsed check from someone other than the payee.

It would then be up to "bank 1" to get reimbursed from the person who deposited the check.

If I were you, I'd talk to a manager from your bank and inform him that the unindorsed check should have been dishonored upon presentment, and that your bank is therefore liable to you for the amount of the check.