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Questioning Bank's Right to Remove Funds

Does my bank have the right to remove funds from my account without my consent for a late loan payment?


Assuming that your deposit account is with the bank holding your loan account, there are three ways the bank could legally transfer money between your accounts if you are in default (past due) on your loan payments.
  1. If the loan contract includes language permitting such a transfer.
  2. If the bank's deposit account contract has language permitting the transfer.
  3. If state law permits a bank to "offset" money owed to you (your deposit balance) against money you owe the bank (the loan balance) when the loan is in default, or doesn't prevent such a practice.


Published on BankingQuestions.com 6/23/08