Legal Question in Credit and Debt Law in Florida

Collection

Closed my checking account at a local bank and switched to another bank. Had direct payment from my checking account to various companies. Bank continued to pay those companies after my account was closed and wants the money returned to them. If I have to I will but, should I be responsible for their mistake?


Asked on 3/07/06, 6:27 pm

1 Answer from Attorneys

Samira Ghazal Ghazal & Gomez, P. A.

Re: Collection

You absolutely should pay them. If you fail to pay them, they can report you to "Telechecks" which is the credit reporting agency dealing with banks and checking accounts (the same as Experian, Equifax, or TransUnion on credit cards). This will really damage your ability to open future accounts at any other bank. Additionally, under Florida Banking law, you are clearly liable.

Additionally, you received the benefit of their mistake, so if they take you to court, it will be hard to win the case. Keeping the money based on their mistake is called unjust enrichment.

Samira Ghazal

For the Firm

www.FLORIDACREDITLAWYER.com

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Answered on 3/07/06, 9:11 pm


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