Legal Question in Banking Law in North Carolina

Overdraft/insufficient funds fees

If I have $103 in my bank account and $30+ of that is on a debit card hold for a few days (12/8 to 12/11)and post to my account on 12/12, then on 12/12 a merchant runs my card to check if the funds ($94) are available but does not withdraw the funds is it legal for a bank to do the following?

They post the take away the money being held for the $30+ and move it over to be held for the $94, then post the 30+ to my account and charge me $120 dollars in insuffient funds fees, the another $60 in overdraft fees, all the while the $94 has never actually been withdrawn. My balance should be $68 and change, but now is -$220+ dollars and I am sure they are not finished. If the 30 was spent between the 8 and the tenth of the month and the 94 was only ''held'' on the 12th. Is this legal?


Asked on 12/14/05, 11:09 am

1 Answer from Attorneys

David Anderson Anderson Business Law LLC

Re: Overdraft/insufficient funds fees

If permitted by the bank account holders contract. I would need to see it.

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Answered on 12/14/05, 2:50 pm


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