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I overdrafted my bank account 1500 with my debit card because

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a loan didn't clear can...
I overdrafted my bank account 1500 with my debit card because a loan didn't clear can I be arrested
Submitted: 6 years ago.Category: Legal
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8/3/2011
Lawyer: INFOLAWYER, Attorney replied 6 years ago
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 59,002
Experience: Licensed attorney helping individuals and businesses
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INFOLAWYER :

It would end up being a debt to the bank

INFOLAWYER :

the bank would need to be repaid

INFOLAWYER :

and will charge interest in the interim

INFOLAWYER :

it wont be pursued criminally

INFOLAWYER :

if not repaid, the bank could sue and pursue assets, judgment.

INFOLAWYER :

If you are satisfied that your question has been answered, please select ACCEPT so that I receive credit for the answer.




If I can clarify anything, of course, ask me

Customer: Even if the overdraft was only covered up to 500
Customer: If they do pursue criminal action what then
Customer: So if I make pAyments I will not be criminally charged
Customer: These answers were not helpful
INFOLAWYER :

That is correct

INFOLAWYER :

the bank will either enter into a payment plan with you or if that fails continue to charge interest on the balance. It could, worse case, sue to recover.

INFOLAWYER :

but criminal charges are not filed when a customer overdrafts

INFOLAWYER :

I will open the question to colleagues

INFOLAWYER :

so you may get other perspective

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Lawyer: Dimitry K., Esq., Attorney replied 6 years ago
Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Thank you for your post. Your previous expert asked me to see if I can assist you. How can I help you tonight?
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Customer reply replied 6 years ago
My bank account was accidentally overdrafted around 1500.00$ I was supposed to receive a loan that never cleared I need to know if I can be charged criminally
Lawyer: Dimitry K., Esq., Attorney replied 6 years ago
Thank you for your follow-up.

What you were told that this is fraud is accurate, especially if you knew that your account did not have the funds. The best options here are to repay the funds, or negotiate with the bank about a possible payment plan where you can gradually return the funds back to them so as to make sure that you your obligation is covered, and that they do not pursue you both civilly and criminally. I will have to politely disagree with the previous expert's take on the criminal situation since the bank can very well threaten (or even pursue) based on "bank fraud", which can be a felony or a misdemeanor depending on degree and amount that was removed. While you are likely not going to be arrested, you can be charged and why it is in your best interest to return the funds as quickly as possible.

Good luck.
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Customer reply replied 6 years ago
Relist: Answer quality.
Lawyer: Dimitry K., Esq., Attorney replied 6 years ago
I see that you relisted my answer based on "answer quality".

While I can understand your frustration, the information I provided to you is accurate and valid, no matter how you may wish it to be otherwise. You have no choice but to work with the bank since they can pursue you both civilly and criminally for the return of the funds.

Good luck.
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Customer reply replied 6 years ago
I'm just confused by my two totally different responses it was not intentional to overdraft so I'm failing to understand how I can be charged if the unds were not available why was the card able to be taken
Lawyer: Dimitry K., Esq., Attorney replied 6 years ago
Most cards allow for some overdrafting to take place--that is contractual. However the overdrafting comes with two conditions--generally you get charged a fee AND you promise to return the funds. Intentional or not is irrelevant--when it happened you had a legal obligation to return the funds. If you failed to do so, then that becomes bank fraud as a debit card is treated as a check, and you overdrawing is treated as if you wrote a bad check (which is where the charge of check fraud comes from). People over-draft often, but they do then have an obligation to put the funds back.

Good luck.
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Customer reply replied 6 years ago
Ok so if I'm making payments no legal action should be taken
Lawyer: Dimitry K., Esq., Attorney replied 6 years ago
Right. You just have to speak with the bank, and as I stated, create a payment plan to return the funds.

Good luck.
Dimitry K., Esq.
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