I have been the primary account holder with another individual for over eight years. The bank asserted their "right to setoff" against him and overdrew my account. We have settled the issue; however, they have not removed the NSFfees they promised they would, and setoff was not discovered until Friday after the deposit cutoff. Can I get my NSF fees back and just be responsible for the charges I made? None were made after we discovered the funds were negative, but prior to that we had more than enough in the account to cover charges. They took out the entire balance with no notification that we were negative, even after the fact.
Banks are not required under federal laws to tell a depositor in advance that the deposit account will be setoff for a debt owed. This is for obvious reasons. The resulting NSF fees are also not their issue. If the bank agreed to refund those fees to you, they have an obligation to do so, but that obligation is based on your agreement with them, and not an otherwise legal obligation. They are doing so out of value for your relationship and not any legal requirement.
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Banks are not required under federal laws to tell a depositor in advance that the deposit account will be setoff for a debt owed. This is for obvious reasons. The resulting NSF fees are also not their issue. If the bank agreed to refund those fees to you, they have an obligation to do so, but that obligation is based on your agreement with them, and not an otherwise legal obligation. They are doing so out of value for your relationship and not any legal requirement.
