Legal Question in Credit and Debt Law in Illinois

If the checking account is a joint account and the federal refund was a joint refund,

the bank can use whatever balance is in the accounts subject to any written account

rules set for the account. The facts are not clear regarding whether it was a joint

refund and whether the account(s) are joint accounts; however, the bank can take

whatever balance is there to offset an overdraft account. No court order is required

for a federal refund or other check since it appears that you or your husband

deposited the refund check into the account making it subject to bank rules. If

the facts of your situations are different, you may have another option to consider,

but merely because the deposit was a federal refund does not restrict the bank in

its application of its rules regarding overdraft accounts.