bank error regarding funds in account

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Question

Country: United States of America
State: California

My girlfriend was working as a phone actress with a company that hires independent contractors. She was working for one. She worked for a month and a half. Her boss was supposed to mail her checks every week and none ever came. My girlfriend always called her and her boss kept telling her she sent it. She finally got one in the mail and deposited in her bank. The bank said it was available. After that she was waiting foe another check and it still didn't come so she got upset and told her boss to just deposit it in the bank,(since her boss said she sent it and it never came) Anyway, her boss deposited that one in my girlfriends bank.(walked it in) The bank said that was available as well. Now my girlfriend paid her car and rent. Then out of nowhere the bank takes the checks back and overdrafts my girlfriend 800 dollars plus fees saying that there was no funds in the account for the checks. But why would the bank first say they were clear. She is upset and wants to sue her boo so but the company doesn't want to give us any info. because she was a independent contractor with them. Now we can't find her. She disconnected her phones and the company said she did it to 80 other of her employees. What can we do? Shouldn't the bank have over drafted her boss instead of showing on the computer and the phone that the funds were available. Could they just take it back like that? Please help her.

Answer

Based on what you say here, you could probably file suit against the boss and the company (or at least threaten to do so) in small claims court or in regular court; filing in small claims court is easier and requires no attorney...you could try to collect all of the costs and damages that you suffered due to their behavior...the bank must credit back to your account any withdrawal that was not authorized..