i owe a bank 800 for overdrafting and now they want to take me to court?
Not directly. The bank would have to get a judgment first and then a writ to attach your money.
Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.
1 found this helpful
Taking a refund before you receive it can only be done by a governmental agency like a child support office or the IRS. Otherwise, the bank would need a judgment. If you have an overdraft protection account and have the funds deposited into another account at that institution, however, the bank may be able to take the funds without a judgment if they have a cross-collateralization clause in their account paperwork. Of course, that is the law in Arizona. I am not admitted in MI, so I would confirm my suspicions with an attorney in MI.
They would have to sue you and win a judgment before they can collect. However, if your bank account has a negative balance and you have your tax refund direct deposited into that account, you can consider that money gone.
THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.
3 found this helpful