Former candidate sues bank over bounced check

TEXAS CITY — A man pulled from the Democratic Party ballot in 2008 is suing his bank, claiming a bounced check kept him from running for a county commissioner seat.

Reginald L. Gilford Sr. filed the lawsuit against Texas First Bank on Jan. 31 in Galveston’s 212th District Court.

Gilford wrote a personal check to cover the $1,250 filing fee to run for office and launched his campaign, making speaking appointments, passing out bumper stickers and making signs, his lawsuit states.

On Jan. 31, 2008, a Daily News reporter called Gilford at his job at College of the Mainland, asking him if he was aware that his filing fee check bounced.

“Shocked I became,” Gilford says in his lawsuit. “I asked him where did he get his information, because it had to be a joke.”

Gilford went to the bank, explaining he’d made a $150 deposit at 11:30 a.m. on Jan. 4, 2008. His balance of $1,309 and overdraft protection should have covered the check, the lawsuit states.

The bank employee told Gilford the money had to be deposited by 10:30 a.m. for the check to clear, the lawsuit states.

Gilford claims he’d never been told of the 10:30 a.m. deadline when he started the account.

Nothing in writing was ever produced to verify the information, the lawsuit states.

“What I did know was I had gained a true understanding of dirty politics,” the lawsuit states. “It seemed to me that since I was running for an office, the bank would have called to tell me I was $90.92 short and needed to get it in by 10:30 a.m.”

Gilford claims he was a direct-deposit customer for more than a year.

“They should have cleared it, considering the magnitude,” the lawsuit states. “Since that time, it has been a burning desire to get to the bottom of this matter, because reasons given to me have never been acceptable, nor have I believed them.”

Christopher C. Doyle, president and chief executive officer of the bank, said the business was served with the lawsuit Friday and he would have to look into the matter before commenting.

Gilford claims the bank demonstrated a breach of contract, fraud, breach of fiduciary duty, civil conspiracy and breach of duty of good faith and fair dealing. Gilford also claims the bank violated the Texas Deceptive Trade Practices Act, the lawsuit states.

Gilford, who filed the lawsuit on his own behalf, seeks a jury trial.