Can I hold a company responsible for my overdraft fees after the mistakenly charged my debit card over $3000?

UPDATED: Feb 18, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Feb 18, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I hold a company responsible for my overdraft fees after the mistakenly charged my debit card over $3000?

A company without my knowledge charged my debit card over $3000 to pay for someone else’s account balance. I have checks out there that will now bounce as a result. I believe it will amount to a few hundred dollars in overdraft fees which the company who admittedly made the mistake refuses to take any liability for. Can I legally hold them liable for any fees and penalties that I receive as a result of their mistake?

Asked on February 18, 2012 under Bankruptcy Law, Georgia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the company that you are writing about carelessly charged your debit card over $3,000 where none was owed resulting in overdraft fees and other associated charges that you normally would not have incurred, you can hold that company responsible for such special damages.

I would write the company and provide it with documentation showing your damages requesting payment by a set date. If not paid by the set date, your recourse is small claims court. Keep a copy of the letter for future use and need.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption