Quote Originally Posted by fishnet View Post
So he is punching info into the computer while trying to sell me on opening an account with them. I tell him thank you I would just like to cash my payroll check. He goes on to tell me that this time he will do it at no charge however next time I will be charged a $6 fee. Just to play games, I asked him politely why I would be charged a fee to cash the check. Isn't the check a BofA order instrument ordering BofA to pay the payee (me)? He replied yes. Smiling, I then asked why is BofA holding my money hostage and requiring me to pay a fee to get it out? He said if I would open a BofA basic checking account then I would not have to incur the fee. To get things moving on I told him I would think about it and come in later if I decided to.
I too have encountered this type of hassle at several different banks; and I comprehend that a check is an instrument of the bank ordering the bank to pay the payee. Is there a statute in the USC or UCC that states this fact clearly so that it can be brought up in conversation when the teller refuses to execute the the order without a fee?

I have tried finding something solid to back this up and have only found information to the contrary. Such as,

Question: Can a bank charge a check cashing fee to non-customers?
Answer: Yes. Institutions are allowed to charge a check cashing fee. The Department issued a press release on August 31, 2001 regarding this matter. Since then, the court ruled that the Texas law was not enforceable and therefore the institutions could continue the practice of charging a fee for cashing their checks.


source:http://www.dob.texas.gov/exec/faq.htm

I'm not doubting that the bank is required to cash their instrument, I'm just looking for a way to prove it to them.