Legal Question in Business Law in California

Can a hotel company refund your money, and take it back out of your bank account 4 days later without permission?


Asked on 8/25/09, 11:59 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The question can have two possible meanings:

(1) Is it POSSIBLE, given the way the banking system works, for a hotel to take money out of your checking account without your writing them a check you have signed personally, or some other authorization from you like a wire transfer or ACH payment you have authorized personally?

(2) Is it LEGAL for a hotel that has made you a refund to change its mind and renege on the repayment?

The answer to #1, which may surprise a lot of people, is YES.......certain transfers from X's checking account at Bank ABC to Y's checking account at Bank DEF can be reversed through the bank clearing system to put the money back in X's account. Don't ask me what law aloow this ....... I only know that I have accomplished this myself during my pre-law career as a businessman.

The answer to #2, as to whether it's legal and proper in this instance, is MAYBE. The hotel might feel that there was a genuine mistake or some fraud or misrepresentation.

Your first step is to quiz the hotel on why it did this.

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Answered on 8/26/09, 12:32 am


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