• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Automatic Drafts WITHOUT Authorization

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Tammie1961

Junior Member
What is the name of your state? TENNESSEE

Is it legal for someone to deduct a payment from your checking account without prior authorization? Situation: My sister's husband has recently been sent to prison and he was living in a travel trailer they had purchased together. He had not been making payments and my sister called the bank and told them to pick it up because she could not pay for it (She is a single parent to 5 under 18, and she is now raising her 1, 2, & 4 yr old grandchildren). Instead of picking it up, they took the payment out of her checking account. She asked the local bank rep to call and check on this for her, and they were told that because she has a checking account with the same bank that made the loan they DO NOT have to ask, they can deduct the payment at any time without even notifying her first. Now, this is causing her to have bounced checks. What is the best thing for her to do now?
 


seniorjudge

Senior Member
Tammie1961 said:
What is the name of your state? TENNESSEE

Is it legal for someone to deduct a payment from your checking account without prior authorization? Situation: My sister's husband has recently been sent to prison and he was living in a travel trailer they had purchased together. He had not been making payments and my sister called the bank and told them to pick it up because she could not pay for it (She is a single parent to 5 under 18, and she is now raising her 1, 2, & 4 yr old grandchildren). Instead of picking it up, they took the payment out of her checking account. She asked the local bank rep to call and check on this for her, and they were told that because she has a checking account with the same bank that made the loan they DO NOT have to ask, they can deduct the payment at any time without even notifying her first. Now, this is causing her to have bounced checks. What is the best thing for her to do now?
Q: What is the best thing for her to do now?

A: You need to get divorced from the bum and file bankruptcy.
 

Ladynred

Senior Member
The bank has the right of offset so they are within their legal rights to take the money owed out of ANY other account she may have at that same bank. She has no legal recourse, they are not in the wrong.

Lesson learned - NEVER get a car loan with the same bank where you keep your other accounts !!!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top