Cape Coral, FL asked in Banking and Civil Rights for Florida

Q: the teller deposited my stimulus check without my autorization on purpose, when I said I wanted it to cash out

so I went to the bank in the drive thru then the teller deposited my stimulus check without my autorization on purpose, when I said I wanted it to cash out . she did it because apparently my account had a pending overdrawn for $259 and at that moment I didn't know, so I said I want my check to be cashed out in big bills, she instead deposited it on purpose without notifying me I'm not mad nor complaining about her taking the pending overdrawn I'm mad at the fact that they need my autorization first in order to take decisions about my money/ account first. she instead should've tell me hey yourey account is overdrawn we can't cash it out, instead we will deposited it, are you agree? that's the right way to do but I feel like they violated my right to decided what to do with my own check, my own money and they didn't know my situation because I really needed to make a payment outside so my question is what legal actions can I take against them?

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1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
  • Civil Rights Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: Sorry, your bank did nothing wrong here.

Your "right" to spend your money in the manner that you want to does NOT change the bank's right to grab any of your money flowing into the bank or into any of your accounts at the bank.

Explanation: It is called the "right of set-off." FYI, the right of set-off has been legal ever since Christ Jesus overturned their tables and ran the money-changers out of the Temple over 2,000 years ago.

Terrence H Thorgaard agrees with this answer

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