Legal Question in Credit and Debt Law in Florida

irs check depsoit

I had the IRS deposit 920 dollars

into my mother's account. I owe the

bank money, but was told if I'm not

on the account a direct deposit is

automatically rejected. When I

asked if the money ever reached

the bank I was told no and hence

nothing was sent back. The IRS

confirmed the money was sent and received. Now 6 days later my

mother called the bank and they

said since I owed money they kept

it. I have on many accounts

transfer money into her account

and not once did they ever keep it.

So how is it possible that they can

take it? I asked the manager ''So

you can legally steal from me?'' and

her reply was ''Yes we can.''

Is there anything I can do about it?


Asked on 2/26/09, 2:03 pm

1 Answer from Attorneys
Raymond LaBella LaBella Law, P.L.

Re: irs check depsoit

Maybe a slight change of view would help you to understand the situation a bit better.

Imagine that a friend owes you money. That friend is owed money by someone else. The friend tells that person to give the money to you, expecting that you would hold the money for him until he comes to get it. While you may not have the pure legal right to simply seize the money, you would be well within your rights to hold that money (up to the amount that you were owed) until that friend pays the debt he owes you.

Basically, the bank is in the same situation. The money was transferred to the bank in your name. They matched up your name with your account. The bank manager's choice of explanation was poor, even unprofessional, but she probably just didn't know how to explain it better. Branch managers are not very high up in the banking food chain.

Sorry I couldn't give you better news.

Read more
Answered on 2/28/09, 12:16 am


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