英语听力突破掌上宝reading-第44章
按键盘上方向键 ← 或 → 可快速上下翻页，按键盘上的 Enter 键可回到本书目录页，按键盘上方向键 ↑ 可回到本页顶部！
————未阅读完？加入书签已便下次继续阅读！
I decided it was time to learn my rights。
After a few quick phone calls to law schools； I had a list of Bay Area lawyers who specialized in banking and checks。 I decided to call Manuel Fields first because of his specialty； check fraud。
I told Manuel my first name and asked him if I could tell him my situation to determine whether or not I needed a lawyer。 〃Sure；〃 he said。 I told him the entire story； without mentioning the amount of the junk…mail check。 He laughed a bit and asked； 〃Exactly how much was this check for？〃
I was hesitant to tell a lawyer the amount； but I knew I couldn't lie。 I said； 〃95；093。35。〃
For what seemed like a full minute； all I heard on the other end of the line was a man laughing very； very hard。
〃I'm sorry；〃 he said after he finished。 〃I've just never heard of anything like this。〃
Manuel informed me of the following：
* According to Commercial Paper Law； the money was now legally mine； because all checks are first assumed to be valid； and the way a bank invalidates a check is by serving the depositor with a timely notice of dishonor。 Considering that it had taken my bank 33 days to tell me my check had been returned； he did not think they had dishonored the check in time。
* Fraudulent checks are a different matterbut he said； 〃Since you deposited the check thinking there was no chance it would cash； and without even endorsing it； you did not commit fraud。〃
* Getting the cashier's check was also not an act of fraud； since the bank had previously assured me the check could no longer be returned。
So I called Robert Gage； and asked him to please fax me the customer service letter and a photocopy of the junk mail check from my bank。 （I had forgotten what it had looked like and wanted to be very clear about what was on it and what wasn't。）
They faxed me documents。
What arrived by fax was a surprise。 It was incredible to see the front and back of the check。 I had forgotten just how real the bogus check looked。 This was the first time that I could confirm that the check in fact matched all nine criteria for a negotiable instrument。
But what surprised me more was the 〃official letter〃 from my bank。 What came out of the fax machine wasn't a letter from my bank at all； but a memo from First Chicago Bank dated June 5。 It was my first piece of the puzzle of how this whole thing could have happened。
The memo； which had the amount of my check on one line and the word 〃non…negotiable〃 circled on another； had a name and phone number for an Account Adjuster on it。 I decided to call him。 （As my brother says； 〃More information is always good。〃）
I reached Edwin Mickley； the man who had written the memo。 I told him who I was and why I was calling。 He explained that the memo I now possessed was the notice of dishonor that he had sent to my bank about the 95；093。35 check。 On the same day that he sent the memo； his bank also reclaimed 95；093。35 from my bank。
〃So MY bank is out the money？〃 I asked。
〃Yes；〃 he said。 〃All the other banks involved have recovered their money。〃
Suddenly it dawned on me： this memo was dated June 5。 That's the day my bank learned that the check had been dishonored。 Why had First Interstate waited until June 21 to notify me of the problemespecially since； by law； they were supposed to notify me by midnight of June 6！
No doubt about it now； my bank had made a big mistake。 And they had faxed me a memo to prove it。
At the end of the conversation； Edwin did me another big favor。 He obliged my request for the names of the other banks involved。 He didn't even mind telling me whom I should talk with and what item number I should reference。
I called the other banks involved； and soon learned the details of the entire fiasco。 I had deposited the check on Friday； May 19。 On Monday； May 21； it was overlooked by my bank and sent onto the bank in Chicago that was acting as a clearinghouse。 It was again overlooked there。 The next day； on May 22； it was sent to the Federal Reserve Bank in Cleveland； and this bank rejected the check； calling it a 〃non…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 a
