Legal Question in Banking Law in Pennsylvania

Banking

If I made arrangements to pay down overdraft fees incurred should'nt bank put my account in positive status? Instead they are snatching my entire social security check. What can I do?


Asked on 11/25/08, 8:44 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Banking

You asked about a bank taking your social security payment to pay down fees.

You should try to speak with a legal aid lawyer to get specific assistance. First off, don't incur the fees. If you don't have the money don't spend it and if the fees come from automatic payments then cancel all such payments immediately.

Second, as to the account itself. If the only money that is in the account is a social security check then the bank is prohibited from taking that money to satisfy a debt. Period. But, if any other funds were in that account when the deduction took place then the entire amount is unprotected.

The bank may be in the right as it has the privilege to deduct amounts owed the bank from most deposits. But as I said before, if the entire amount seized was a government benefit then they probably violated the law in siezing those funds.

Regards,

Roger

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Answered on 11/25/08, 9:18 pm


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