Ask a Lawyer - Archive

IRS direct deposited my stimulus check in May of 2008. IRS searched and verified the correct account and routing numbers were used. IRS Advocates traced the money to my bank. My bank refuses to help me stating it's been over a year and they have merged. I have been after my bank for months now, what can I do?

Please help.

I hate that you didn't discover this closer to the time the check was to have been deposited. That might make it more challenging from a legal perspective as well as a practical perspective.

I recommend that you contact the regulator of your bank. You might have to do some fishing to figure out who that is. If it's a national bank, then contact the Office of the Comptroller of the Currency. If it is a savings and loan/thrift, contact the Office of Thrift Supervision. If it is a state bank, contact the state Department of Banking. The FDIC and the Federal Reserve might also be a great place to lodge a complaint. Generally the federal and state regulators will shepard your complaint to the right agency if you send it to the wrong place. Still, it could slow things down.

I suggest that you ask your bank who their regulator is. That might get a scare out of them. It wouldn't hurt either to ask to speak to their legal department. That tends to move things along. A letter to the President never hurt. You don't say how far you've tried to pursue this going up the ladder of authority (which I know can be exhausting), but don't hesitate to be a squeaky wheel. They usually get the grease!