Legal Question in Banking Law in California
Bank setoff
My husbands checking acct. (which he had way before I came around) was overdrawn by $100.00. The bank setoff our acct. (opened only 6 mo. ago). How can they take money from our joint acct. to cover his acct. without permission? This ticks me off! I have nothing to do with his acct. and they should have no right touching our acct..
2 Answers from Attorneys
Re: Bank setoff
Depending on which bank it is under their terms of use they typically include a clause which allows them to take funds to cover an individuals account if that individual is on any other account, jointly or otherwise.
Doesn't sound fair, I know, but they do it.
Re: Bank setoff
The key point is that: you can not prove that the account is your joint account, and if the account is your joint account that will also prove that the debt is the joint debt, so the bank still is entitled to take such money.
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