Legal Question in Credit and Debt Law in California

In 2007 I had a Washington Mutual checking acct. and it was closed by the bank due to going $2,000 negative in the acct. I received calls from them to pay back and then started receiving calls from a collection agency to pay back the debt. I understand that I needed to pay back, but I could not at that time due to unemployment. I recentley opened a new Chase Checking acct. After three weeks of the account being open, Chase went ahead and withdrew all my monies ($1,400) and applied it to the old Wamu checking acct. They left me with a balance of zero and then they allowed ACH to go through and then the acct went negative ($172). This acct is still open and I will be able to put monies in this week to cover the negative balance. My question would be..... Is a financial institution legally allowed to levy a bank acct to pay back and old acct without notice to the consumer?


Asked on 8/15/10, 8:32 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

In case you didn't get the memo, Chase and WaMu are the same bank. Your question is in the category of Whining.

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Answered on 8/20/10, 9:22 pm

You owe the bank money. You can't avoid them collecting by changing the account. Of course they can take money you deposit in a new account when you have blown them off on overdrafts under another account number. It's all your deposits into a bank you over drew and refused to pay. You're lucky they didn't prosecute you.

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Answered on 8/21/10, 12:01 am


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