Can I hold a company responsible for my overdraft fees after the mistakenly charged my debit card over $3000?

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Can I hold a company responsible for my overdraft fees after the mistakenly charged my debit card over $3000?

A company without my knowledge charged my debit card over $3000 to pay for someone else’s account balance. I have checks out there that will now bounce as a result. I believe it will amount to a few hundred dollars in overdraft fees which the company who admittedly made the mistake refuses to take any liability for. Can I legally hold them liable for any fees and penalties that I receive as a result of their mistake?

Asked on February 18, 2012 under Bankruptcy Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If the company that you are writing about carelessly charged your debit card over $3,000 where none was owed resulting in overdraft fees and other associated charges that you normally would not have incurred, you can hold that company responsible for such special damages.

I would write the company and provide it with documentation showing your damages requesting payment by a set date. If not paid by the set date, your recourse is small claims court. Keep a copy of the letter for future use and need.


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