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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 11629
Experience:  JD, MBA
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NSF fees and problems with bank

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I had an account with a bank and somehow my dad''s new wife was put secretly on the account. Even when I call to ask who is on the account they have to search for her name. So, I made a new account with them. I left $100 in my account and business charges started coming in and I didnt know and the card went negative and I eat 5 times a day for 2 days (I am diabetic.) so thats 15 swipes and 15 $38 nsf charges. I called customer service and they were rude to me and so I was rude to them back which I called back and appologized for. I went to the bank and performed an in-bank trasfer from the new account to the old account to make the account positive. 2 days later my debit cards were closed and apparently it was because I was rude. business charges came in and could not be charged and 3 of my customers lost their search engine positions because of this. The wont refund any fees and I have lost about $300 in business with frustrated customers. can they just cancel my card w/0 my knowledge?

Hello and thank you for allowing me to address your legal question.

Yes, a bank may cancel your debit card without any prior warning, and it may also terminate your relationship with the bank for just about any reason, except for a few exceptions relating to things like race, religion, gender, disability, etc. In this particular case, the bank probably decided that you were a risk because of the NSFs (or at the least that’s a legitimate reason to terminate an account).

I’m concerned by what you stated with regard to your father’s wife, however. If the account were yours alone, then the wife has no right to remove any funds from the account. If she did so with no authority, then the bank itself may be liable to you for the damages (and cannot charge you NSF fees). However, she acted with apparent authority (for example, if she had your debit card and the PIN), then you would still be liable to the bank, but you could sue her for all of your damages (i.e. the NSFs).

If the information that I provided was helpful, please remember to ACCEPT my post as that is the only way I will receive credit and compensation for my answer. However, please understand that my answer is meant for informational purposes only and is limited by the facts presented. Therefore, it should not be construed as “legal advice” and is not an adequate substitute for the retention of legal counsel. Thank you and good luck!

Customer: replied 8 years ago.
Reply to BoredAtty's Post: It just feels like robbery for them to take the nsf's in the first place. Then, I made a $1,000 transfer to make the acct positive and then my debit cards were closed a few days later. How am I a risk if I had another account with them that has $5,000 in it and performed an in-bank transfer the day it happened. It just seems like the girl just laughed and closed the card and said haha there is nothing he can do about it. Is there no way to get them back for this? I am 21, in school, and I don't mind taking them to court. My parents can't find a valid reason for me to sue them. but, I walked in that branch and one lady said ohh your the guy that called this girl a moron. I said no I would never say that, and I didnt. The girl who closed the account is trying to pull a power trip and I dont want her to win. I had charges from google and a few others that were declined because of what they did. I only advertise for law firms and a few of them lost their top positions because of her. I am also hypoglycemic and they stranded me with no money over laborday weekend so I almost had to goto the hospital with no food if my friend wouldnt have let me borrow some money. It took me so long to figure out what had happened. It appears my dad signed her on the acct. My dad and I share the acct and she took out $300 which made me make a new acct in the first place. So there is absolutely nothing that can be done? Just take the charges and just live with it? Is there anything they could have done wrong?
Customer: replied 8 years ago.
What if I just took them to small claims anyway? Even if I lose, is there not anything I can do? Could I not sue them for the $300 of monthly charges for loss of service to a few of my customers. Some of them didnt notice they werent on google for a few days. My dad legally signed her on the account so I can not do anything about that. It means nothing to them to just close the account, that means they win. If I were to bring them to small claims could they bring a lawyer and tell me I have to pay their legal bill too? Thanks for your time
Since your step mother legitimately withdrew the funds, then the bank charges are lawful. It is the responsibility of the account holders to manage their funds, not the bank. Based on what you wrote, I don't see any possible recourse against the bank.

Further, the bank is within its rights to choose who to do business with, just as you may choose which law firms you want to advertise. Unless your account was closed for an illegal discriminatory reason, you have no case for the either.

I wish I had better news, but I don't want to pander to you and give false information just to get you to accept my post.
Customer: replied 8 years ago.
Reply to BoredAtty's Post: Thanks so much for your time. I am taking a kaplan course and just got finished to check my email. Last question and then I will accept. If I just took them to small claims anyway and lost, what could they do back? Could they counter-sue for thousands? Thanks

If you sue, there are a few possibilities:

The best case scenario is that the bank settles with you in order to avoid legal fees. That is not likely to happen, however, since banks have an abundance of lawyers on staff and on call. Therefore, expect the bank to fight your lawsuit. The worse case scenario is that the judge throws out your case for being frivolous, and then makes you pay the bank’s attorney fees, which could be thousands. The most likely scenario is that the judge throws out your case and doesn’t award anybody anything.

Good luck with what you plan to do. Thanks in advance for the accept.
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