Can a bank legally take a loan payment from my checking account without my permission, if there is only one payment past due?

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Can a bank legally take a loan payment from my checking account without my permission, if there is only one payment past due?

Asked on December 28, 2012 under Bankruptcy Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the bank account is with the same bank that you have the loan with, this is probably legal. Usually, loan agreements and/or account agreements with a bank specify that if a payment owed the bank is past due, the bank may take it from the person's account. You should check your account and loan agreements to see if this the case (and/or ask the bank to explain their authority for doing this; they can point you to the correct place in the correct agreement, if applicable), but if there is anything in documents you've agreed to allowing this, it will be legal.


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