Asked in Banking for Idaho

Q: Is illegal to set up auto pay knowing that your bank account empty

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In Idaho, as in many states, knowingly writing checks or setting up payments from an account with insufficient funds can be considered fraudulent. This applies to both manual payments and automated ones, like auto-pay setups.

When you set up auto-pay knowing your account doesn't have enough funds, you might be seen as attempting to deceive the payee. This could lead to legal consequences, including potential charges for fraud or issuing a bad check.

It's important to always ensure your account has sufficient funds to cover any payments you've scheduled. If you're facing financial difficulties, it's better to communicate with your creditors or service providers. Many companies are willing to work out payment plans or offer extensions.

If you find yourself in a situation where an auto-pay goes through on an empty account, addressing it promptly with your bank and the payee is crucial. Ignoring the problem can lead to further complications, including additional fees or legal action.

In such cases, seeking legal advice can be beneficial to understand your rights and responsibilities, and to explore any potential solutions or defenses you might have. Remember, honesty and prompt action are key in resolving financial issues.

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