Legal Question in Banking Law in California

I am in default with my credit cards...can the banks take money from my savings account without first asking me or court approval?


Asked on 11/22/10, 7:42 am

1 Answer from Attorneys

Yes, if your account is with the same bank as the credit cards. Otherwise, no. All your deposits and debts with the same bank are really just one big pot of money and debt. The accounts are accounted for separately for your convenience and it is the core service the bank provides. Really, though, your savings account is nothing more than a debt the bank owes you, payable on demand. The credit cards are a debt you owe the bank, payble on terms. If you default on the terms, the bank is then free to off-set what it owes you against what you owe them, and adjust the reported balances accordingly.

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Answered on 11/27/10, 12:23 pm


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