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I am having a problem my bank and was wondering if I open a…

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Hello, I am...

Hello, I am having a problem my bank and was wondering if I open a secondary account with same bank, can they legally take money from one of my accounts to fund another without my express written suthorization to do so, My one account I have a dispute because I made a one time purchase online and the company created additional charges to my account without my authorization about two weeks later. My bank credited me, the parties have been instructed in writing to cancel and and all charges to my debit card and refund, however, my bank hwo is using out of the country claims representatives are stating that they are going to charge back my account. I am in Texas. When I paid about $11 for shipping fees of a trial size offer (that stated online that it was a one time charge), they company has refused to refund my money saying I stuck with the $185 charge ( they tried to refund 25-50% even though I do not have their products, don;t want them, I only wanted the trial of which I have not used. I took action immediately upon knowledge of their crime. I was thinking about opening a secondary account with same bank until I can get a hold of my personal business banker and her branch manager to seek their assistance. I want to make certain that they may not withdraw from my new account if it is not attached to the existing one. Thank you

Lawyer's Assistant: What state is this in? And just to clarify, when was the purchase made?

Texas

Lawyer's Assistant: Has anything been filed or reported?

1st Dec 1 - then unauthorized charges/ alleged purchase around Dec 15th, 2017

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That should do it for now

Submitted: 7 months ago.Category: Legal
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Answered in 6 minutes by:
1/2/2018
Lawyer: Lori, Attorney replied 7 months ago
Lori
Lori, Attorney
Category: Legal
Satisfied Customers: 2,402
Experience: Attorney with over 25 years experience
Verified

Hello. Let me see if I can assist you. the short answer is probably yes. Most account agreements with bank provide for the bank's right to withdraw funds from one account for an overdraft in another. When you open the bank account and sign the signature card you are binding yourself to the Bank's account agreement, which is in writing, even though you never saw it. I would recommend that you open a second account at a different bank and not maintain 2 accounts at the same bank.

Hope that answers your questions.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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