Legal Question in Banking Law in Georgia

I have had an account over 20 years, I added my neice a to my account a few years ago because i reside in a different state. Last week the bank transferred over 400.00 from my account to her account because she was overdrawn for more than 30 days. This was done without prior notification to me, nor was I aware that this was an option. They are now stating that I have to get the money that was transferred, from my neice. In the mean time I have bills that are going to be coming out of the account which is going to make my account overdrawn and they will be charging 30.00 overdraft fees for each overdraw. What are my options?


Asked on 7/05/10, 5:28 am

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

The bank acted correctly.

You'll have to ask the niece for the money. She does not legally have to give it to you.

If you have been a long time customer the bank may waive some of the fees. They don't have to waive fees but they can.

Regardless, close the account you have and open a new one at another bank, with no one else's name on the account.

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Answered on 7/05/10, 8:34 am
Scott Riddle Law Office of Scott B. Riddle, LLC

You say you did not get notice, but did you read all the account documents that you signed and agreed to, or received in the mail? If you had another checking account with that bank and were overdrawn on checks, the bank would have taken money from the account with money. The same is true when you added your niece.

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Answered on 7/05/10, 10:27 am


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