Q: Is illegal to set up auto pay knowing that your bank account empty
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
