If I owe a bank money from a credit card, are they allowed to deposit and cash a check and apply it to that credit card without my consent?

I tried to deposit it into my boyfriend’s account, but instead they put the entire amount, which was my VA disability check and entire monthly income, towards my debt. Is this legal? There was no judgement filed against me by this bank.

Asked on July 12, 2012 under Bankruptcy Law, South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Just because you may owe your bank money with respect to a credit card there is nothing under the law that allows the bank to unilaterally take a check that you received and deposited with it and apply it to the balance owed on your debt under the laws of all states in this country from what you have written.

I would have a face to face meeting with the manager of your bank and request that the check that was debited on your credit card bill be applied to your account


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