Legal Question in Consumer Law in Georgia

I want to know if it is lawful for chevron food mart to hold (75.00) of my money that was on an employee pay card( debit), which it will only pay out what is on the card, no NSF fee period. i purchase 2.99 for a gallon of gas that is all that i needed at the time. Now i can't pay out what i owe, because chevron is holding my money for 2.99 that came off the card at time of purchase. Does this constitutes negliance on their part and is this grounds for a lawsuit on my part.


Asked on 7/08/10, 1:59 pm

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

That is fairly normal for gas stations. To avoid it, pay for gas in cash. The hold is usually for a day or so. How much do you think a lawsuit is worth for this?

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Answered on 7/08/10, 5:13 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You obviously never read your debit card agreement, and apparently do not know how debit cards work. You should never have gotten a card without doing that.

As most people know, when you use a debit card for gas (or a hotel or car rental, etc), the merchant does not know how much you will spend, and will preauthorize an amount. It is negligence on your part that you used your debit card without asking what the station places a hold for.

Once the hold is placed, the rules for your debit card (again, why did you not read them?) and for Mastercard and Visa dictate how long the hold remains. After a few days, the hold is released and the actual charge processed and you have use of your funds.

In the future, instead of using your debit card for gas if you cannot deal with normal holds, go to an ATM first, get cash, and then you can buy gas with no hold. You were negligent in not familiarizing yourself with how such cards work, and no, there is absolutely no basis for a suit.

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Answered on 7/08/10, 5:13 pm

No negligence here by the gas station. A hold is always placed on your debit card whenever you use it to make a purchase regardless of whether you buy $2.99 in gas or $29.99 in groceries.

I question though why the hold was for a larger amount than what you purchased and why you could not use the remainder of your pay on your debit card for any other purchases. I would read the agreement that is in mice-type that came with the card. If you cannot make heads or tails out of it, I will review it for you for a reasonable fee.

If you are living paycheck to paycheck like most people, I suggest going to an ATM and withdrawing all the funds that you can and just pay cash for whatever you need. In the alternative, go to a store and buy groceries and ask for cash back and then use the cash for your other necessities.

Feel free to contact me if you need further help.

Rachel Hunter

Attorney at Law

[email protected]

(678)-687-9693

Admitted in GA, PA & NC

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Answered on 7/08/10, 7:45 pm


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