Bank took money out of my account without authorization

[jailermom]

I work very hard and make a modest living. The last six months have been very difficult for my family. I got a month behind on a loan at First Service Bank and the loan officer took it upon herself to take the money out of my checking account to pay the payment. This, in turn, caused my account to become overdrawn. I would like to know if I can take any legal action against the loan officer and/or the bank..

 

[I AM ALWAYS LIABLE]

My response:

I can only presume that your loan contract has a clause within it that authorizes the bank to take such an action. I further presume that you haven't yet contacted the bank to ask them to point you to a contract clause that authorizes them to take such an action. So, contact them.

IAAL

 

[Jeter]

This is a practice that is very common whenever you take a loan from a bank in which you hold an account. It can happen with any type of loan. I can almost guarantee that you will find that clause in the contract you signed.

Jeter

 

[JETX]

And I assume that since we haven't heard from "Jailermom" in 3 days, she must have found the "we can take from your account" clause.