Can a bank legally take money from your account and give it to a hospital bill that you did Not know existed nor get a bill for?

Asked over 1 year ago - Powhatan, VA

My husband was in the e.r. In July. I paid a co-pay out of our joint account. My husband and I recently separated and got back together but we kept our bank accounts separate. My husbands account got $125 taken out this last month (December) from the hospital. When we questioned it the hospital said we owed them no money and they didn't take $125. When we questioned the bank they said the hospital did and they have legal rights to give it to them. The credit card that was used no longer exists so the bank accessed a different bank account than the one I authorized permission for the co-pay. The hospital is investigating because they said we owe them no money for a co-pay. My question is: is it legal for a bank to give money from an account without permission when no notice of a bill exists

Attorney answers (2)

  1. Gary D. Bollinger

    Pro

    Contributor Level 19

    Answered . You wrote, "I paid a co-pay out of our joint account. My husband and I recently separated and got back together but we kept our bank accounts separate."

    Comment:
    A joint account is not keeping your accounts "separate."

    I suspect you have three accounts at the same bank and that the bank has mishandled your accounts.

  2. Dorothy G Bunce

    Pro

    Contributor Level 20

    Answered . In most states, as long as you are married, you are probably responsible for your husband's medical debts. You may want to check the court records to see how this happened, but my guess is that a lawsuit was served on your husband naming you and that your husband failed to tell you about the suit. That would make the court judgment perfectly legal in most instances. Hope this perspective helps!

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