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New Member
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Apr 3, 2007, 07:16 AM
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Over draft
Hello my question
Can the bank take money that is not in your account due to an order bieng sent to them from the courts. Then charge you that amount as over draft
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Senior Member
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Apr 5, 2007, 09:16 PM
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I don't know this for sure but I would think that they can.
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Ultra Member
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Apr 5, 2007, 09:23 PM
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I know they can in Canada.
Didi
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Senior Member
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Apr 5, 2007, 09:25 PM
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A court (judge) can order you to stand on your head, naked and sing Amazing Grace if it wants.
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Senior Member
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Apr 6, 2007, 07:53 AM
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He is asking about the bank
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Ultra Member
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Apr 6, 2007, 10:54 PM
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Originally Posted by missk
He is asking about the bank
Actually, he is asking about the bank following a court order.
Didi
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Senior Member
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Apr 6, 2007, 11:07 PM
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Well then yes the bank has a contract with the "customer" or as I say victim that will cover anything they do. The banks always know how far and what they can "legally" do. So yes They can and will charge you. However in the name of customer relations it may be possible to have some of the charges removed. It won't hurt to call and find out. But you usually only have around 30 to 90 days to complain.The thing is that you signed a very long contract with "the bank", that covers anything that is legal in your state, otherwise they would not try it.
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Senior Member
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Apr 6, 2007, 11:11 PM
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Ok to sum it up you are a ant being stepped on by two giants at the same time (funny how they both call you MR. or Ms.) it's just one of those things.
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Expert
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Apr 7, 2007, 07:02 AM
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What happens often is that the order will freeze your funds, next if you havve any checks out, not cleared, they will bounce causing you to go into the negative for the amount of each check, and for a overdraft fee on each check.
The account will be froze for the amount of the court order but only the money in the acccount at that time will be given. If you have a savings account for 10,000, and so there is no outstanding checks or withdraws, if the court order is for 20,000 they will freeze the account for 20,000, give them the 10,000 and then you will show a negative 10,000. They haved not given them that money, but if you were to deporit any more money into that account, by direct deposit from work lets say, it goes to satisfy the court order
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Uber Member
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Apr 7, 2007, 07:47 AM
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Hello will:
You ask "can they", and of course they can. Do they have the legal right to do that?? It would be my guess that they don't. But, that's a matter between you, your bank, and the account agreement you signed.
However, I wouldn't think the bank is going to do that too often. Why would a bank pay a creditor with your money, AND SOME OF ITS OWN MONEY, with the hope that it can collect its part back from you? I think banks will go broke if they did that.
excon
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Junior Member
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Apr 7, 2007, 03:41 PM
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Originally Posted by willdell
hello my question
can the bank take money that is not in your account due to an order bieng sent to them from the courts. then charge you that amount as over draft
As I do not know where the outside is, I can only assume that you live on earth, but in the uk it does in fact follow that the bank will pay money and then charge you for being overdrawn, trust me I speak from experience. Don't know if you know that you can now challenge the banks for charging too much in fees, many people are now taking their banks to court on a no win no fee basis because they are only allowed to charge £5 and not the normal £35 that all banks normally charge, take care, love and peace anne x
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Senior Member
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Apr 7, 2007, 05:23 PM
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Banks have no choice-if they have a court order to freeze the account, that is what they have to do no matter what.
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New Member
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Apr 9, 2007, 11:39 AM
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Originally Posted by willdell
hello my question
can the bank take money that is not in your account due to an order bieng sent to them from the courts. then charge you that amount as over draft
If it is presented to the banks as a request from you and you have a credit line with your checking account I know that they will. The banks consider this a benefit to you and in most cases it is.
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