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I was opted in over draft protection with my credit union bc…

I was opted in over...
I was opted in over draft protection with my credit union bc I am self employed counselor and money comes in through Medicaid different times. However, I recently noticed my PayPal echeck were all declined today and called the bank. The teller was confused bc she didn’t know what happen. She looked in to it and got back with me and stated “ the system automatically removed you from the overdraft protection program but I put you back on it.” However, I am now stuck with 400 in nsf fees alone. I was not aware of this until I called and they were not either as she stated “ it does not notify us either.” Now I have to pay all this NSF fees. I know this is not right and legal. Please help
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Answered in 9 minutes by:
5/30/2018
TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 12,810
Experience: JD, MBA
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Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions. As you suggested, this may not be lawful. How can I help you? Do you have any specific legal questions, or are you looking for legal representation? Please bear in mind that I can help with the former, but not the latter (other than directing you to a referral service).

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Customer reply replied 2 months ago
Well I thought this site answered all kinda of questions. I mean I didn’t need to speak with a lawyer I just needed financial advice on what to do.

Hi again.

I can certainly answer your questions. However, in order for me to give you an answer, you need to ask a question. :)

You wrote "I know this is not right and legal. Please help"

Are you just asking for a general comment on your situation? I can tell you what I would do in your shoes: I would contact a manager at the credit union and explain that (1) I had overdraft protection, (2) that the overdraft protection was canceled without my authorization, (3) that as a result of the credit union removing my overdraft protection without authorization, I incurred overdraft fees, and (4) that I expect the credit union to remove all of the overdraft fees.

If the credit union refuses to comply, then I would likely sue the credit union in small claims court. Fortunately, small claims court is designed for non-attorneys, and so the rules of procedure and evidence are relaxed in comparison to other courts. Most likely, your only expense should be the filing fee and service fee. At the trial, you'll need to convince the judge that you had overdraft protection, and that you should not have incurred any overdraft fees, so be sure to bring all of your evidence with you to court, including witnesses (if you have any).

In order to sue in small claim court, you should visit the local court clerk for the proper forms. Then you fill out the forms, file them with the clerk, and ask for the sheriff to serve the summons. After the defendant is served, a trial date will be scheduled.

Does that answer your question(s)? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

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Customer reply replied 2 months ago
Lol thank you! Well the girl at the bank who is who told me what happened and she said the system automatically did it and they don’t get notified of it. I said well those chargers should not be there bc 400 in nfs fees and didn’t even cover the checks is not right. So you added me back on there so when they run it again I’m gonna be charged twice. She said I see what your saying but yeah I would! I am from a very small town and only banking option. I am just going to show them this and if they give me no other option I will proceed bc now will be paying over a grand.. thanks for your help I might message you again after I speak with my father.

You are quite welcome. Thank you for using this service, and please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 12,810
Experience: JD, MBA
Verified
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Hello again. I didn't hear back from you, and you haven't yet rated me, so I'm just checking in to make sure that you don't need more help on this issue.

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