If I am currently overdrawn by $1,500 due to a bad deposit can my bank call the police unless they get half by mail next week?

I don’t have half, trying to get it would cause me to miss rent and get evicted. I can pay $100 a week via direct deposit, would this stop them from trying to have me arrested? The overdraft is only a week old.

Asked on September 21, 2012 under Bankruptcy Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Being overdrawn by itself is not a crime; it is only a crime--that is, the policy should only get involved if--there is some evidence that you knew the deposit was bad when you made it; in that instance, you would have had the intent to commit a crime (to steal from the bank by depositing a bad check or other instrument while withdrawing money on it). Assuming that was not the case, however, then you should not face criminal liability.

As to whether $100 a week would generally satisfy the bank and get them to not take legal action (including suing) against you--there is no way to know, but also no reason to not try and propose that. If you and the bank can work out some payment plan that you both cann live with, you can resolve this matter without legal action.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.