Legal Question in Criminal Law in Georgia

Is it legal in the state of Georgia for a bank to deplete my checking account to make a payment on a loan and then take money from my charge card to cover written checks omitting the fact that drafts to insurance companies were not paid causing me to drive without insurance? Checking, charge card and loan all with the same bank. Later proven that the loan was fraudulently obtained.


Asked on 3/22/11, 8:30 am

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

No one here knows the terms of your account agreements, but most allow the bank to take funds from accounts and pay debts to bank. You should have the agreements. Read them - you agreed to them. You also want a conclusion based on a couple vague sentences of your story, and you won't get that either.

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Answered on 3/22/11, 8:34 am
Lawrence Lewis Lawrence Lewis, P.C.

This is not a criminal question, despite the fact that you squeezed the word fraudulent into the last question. This is a banking or contract question.

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Answered on 3/22/11, 11:39 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Most bank deposit agreements allow exactly that. You signed them and should have read what you signed. We haven't read them. So you should already be aware that they can do exactly what they did, unless you have a very atypical banking agreement.

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Answered on 3/22/11, 11:47 am


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