Legal Question in Credit and Debt Law in Pennsylvania

I withdrew 5 thousand from my savings 3 weeks ago, my bank has not posted it, I am not a thief but have said or did nothing, any legal issues here?


Asked on 2/20/13, 1:52 pm

1 Answer from Attorneys

I don't know. This is not a credit/debt collection issue. Last time I checked, if you have money in the bank you are allowed to withdraw it. I know that if you take out a large sum (like $10,000), the bank has to go through some reporting requirements under the PATRIOT Act to make sure that the money isn't tied to illegal or terrorist activities, but I don't see the problem in withdrawing one's own money otherwise.

Your post brings up another question though - if you withdrew the money, why did your bank not post it? Do you mean to tell me that the bank still thinks you have $5000 in savings?

This is not necessarily a problem if you leave this mythical money there. What will happen if you try to withdraw or spend this money is, eventually, the bank is going to come up $5000 short and will find its because of the error in your account. They will then ask you to pay back the extra $5000 that you spent.

Don't be stupid or cute. Banks are in business to make money not give out free money. If this money was legitimately yours, then I would contact the bank and make inquiry as to why this transaction did not post to your account by now. If the money was not yours and you spent it (like where you got one of those phony scam checks and deposited and then withdrew the money), then I hope you have not spent it. You better put it back because that phony check is going to bounce as uncollectible and the bank is going to come looking for the money. I just hope that this can be resolved in a civil context without the need for the bank to try and prosecute you criminally for depositing a phony check if that is what occurred. I have heard of some banks do just that.

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Answered on 2/20/13, 9:04 pm


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