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n…cash〃 item。 (Take note that the Federal Reserve Bank rejected the check within 48 hours after it left my bank。) The check was then routed to the get…rich…quick company's bank in Cleveland。 The Cleveland bank says it sent a notice of dishonor immediately to the bank in Chicago。 I cannot confirm when the Cleveland bank actually sent its notice of dishonor; but I do know that the bank in Chicago sent my bank a notice of dishonor on June 5。
I made this entry in my journal:
〃The bank knows they made a big mistake。 But instead of calling me and explaining their mistake; they called and bullied me with scare tactics; 'banking' on my being ignorant and fearful。 Apparently; they feel they're powerful enough to avoid admitting to their mistakes and powerful enough to deny me even the right to fair treatment; refusing even to send me a letter about this。 I don't think they're that powerful。〃
July 6 arrived。 I had an obligation to call Robert Gage at First Interstate Bank Security。 But I had not returned to San Francisco as I'd originally plannedand I was not planning on giving the money back when I did return。
It was the hardest phone call I've ever made in my life。 I put it off all day; until 10:30 at night。 Then it took me a full hour to psyche myself up enough to be ready。 My godson; a twenty…two…year…old college senior; and my mother sat across the dining room table in silent support。 I called Gage and informed him that I knew the laws that entitled me to the money。 I told him I resented being treated like a criminal; when I hadn't even spent any of the money。 And I demanded a letter from the bank; officially requesting the return of the money。
Gage did not threaten me this time … he said he'd get me the letter; and try to unfreeze my bank account。
END of Part IV
Part V: Beating Fear!
Patrick Combs is available as keynote speaker for your next event。 Let him inspire your audience with the story and discussion of his 95;000 Adventure。 He is also the author of MAJOR IN SUCCESS: Make College Easier; Beat The System & Get A Very Cool Job (Ten Speed Press)。 All contents on this page ? 1995; By Patrick Combs。 All rights reserved。 goodthink
95;093。35 Adventure; Part V Henry Bailey
After I returned to San Francisco; I didn't hear from First Interstate Bank。 No phone calls and no letters。 Each day I expected to receive an official letter from the bank; but nothing arrived。
My curiosity drove me back to the law library。 This time I was determined to read and understand the big book; Brady on Bank Checks: The Law of Bank Checks by Henry Bailey and Richard Hagedorn。 And this time; determination (or coffee) made the difference; because I knew what I was reading。 I was reading a lot of laws; in black and white; that gave me a legal right to the money。
I photocopied like a madman。 I copied the Midnight Law; Finality of Payment and court case rulings that held it illegal for a bank to cancel a cashier's check。 Then; just before my brain went to mush and my photocopying change ran out; I read a footnote by the author regarding the law that makes the words 〃non…negotiable〃 meaningless on a check。 The author wrote:
〃The only problem with this approach is the use of blank sample check forms that bear language such as 'void' or 'non…negotiable' or 'sample form' that is clearly intended to show that the particular sample or form is not intended as a valid check。 Would potential liability exist if such a sample form is filled in without authority and passed to one who could take as a holder in due course? The 1990 provision might well be drafted to avoid such a possible problem。〃
The author of Brady on Bank Checks had seen my situation coming! I had to tell him。
I noted from the back of the book that both authors were once professors at Willamette University in Oregon。 I called the university as soon as I got home。 (I didn't even have to call Information for the number; because I had just recently given a speech there。) Only one of the authors; Richard Hagedorn; was still working there; the other had retired。 I asked if I could speak with Mr。 Hagedorn and was informed that he was on vacation for the week。 My heart sunk。
Then I got an idea。 I said; 〃Is Henry enjoying his retirement?〃
〃Yes he is;〃 came the reply。 〃As a matter of fact; he still keeps in touch with us on occasion。〃
I said; 〃I bet he stayed in the beautiful state of Oregon when he retired。 I'm from Oregon myself。〃 (This was true; I was born and raised there。)
And the golden reply came back; 〃No; actually he retired to a small town just outside of Providence; Rhode Island。〃
In no time at all; Directory Assistance was giving me a phone number for one Henry Bailey in Providence; Rhode Island。
The phone rang 25 times before an elderly woman answered。 I asked for Henry Bailey。 She said; 〃Just a minute〃and then the connection was broken。
I tried calling back right away; but there was no answer no matter how many times I let it ring。
So I called again the next dayand after twenty or so rings; an elderly man answeredand was he gruff! I tried to explain the reason for my call; but he just kept firing angry questions at me。 〃Who is this? What are you calling about? Who are you? Are you a lawyer? Are you a banker? Are you with the press? Then why are you calling me?
Finally; I was able to express that I was a 29…year…old consumer calling because I was in the middle of the very problem he had foreseen。 Eventually my explanation began to sink in; when I mentioned the UCC code about the words 〃non…negotiable;〃 he brightened up like a light。 〃Yes; I wrote about that problem in Brady and I published an article about it in Banking Law Journal。 It was never like that in the 1962 code!〃
Our conversation progressed。 I said; 〃I deposited an advertising check and。。。〃
He responded; 〃Well; it sounds like you weren't being very honorable。〃
I tried again。 〃I deposited it because I thought my bank would never accept it; but they did。〃
〃Well; that doesn't necessarily make you a holder in due course。 Did it have a name on it?〃
〃Yes; sir; it had my name on it。〃
〃Your name!〃 he exclaimed。 〃Hmm。。。。Well; did it have a