Can my bank pay2 items from my checking accountif there were no available funds to cover the payments and then charge NSF fees?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my bank pay2 items from my checking accountif there were no available funds to cover the payments and then charge NSF fees?

Account has since been turned over for collection. Just want to know if the bank is in the right.

Asked on January 26, 2011 under Bankruptcy Law, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Look at your agreement(s) and terms of service with the bank. If your account had overdraft protection, which many do (you may have it even if you don't recall specifically signing up for it--that's why you need to check the terms), then yes, the bank may pay out the amounts when there were no available funds and then charge you NSF fees. If there was no overdraft protection (which may have gone by another name, btw), then if there was insufficient funds, the bank should have refused payment from your account. Of course, that could have resulted in owing bad check charges or the equivalent from the persons or businesses trying to collect and incurring other liability, so it may not have been an improvement over the situation in which you find yourself.


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 AttorneyPages.com 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