Can a company withdraw money from your checking without a court order?
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I signed a contract for a time share and I changed my mind. I used my mastercard and they put the charge through before I got back home to cancel the contract. I tried calling them for several days and the line was always busy. The bank tried calling them also, and finally they got through. The bank put the money back into my account, and I withdraw the money because this contract was not resolved yet. Now the bank is saying that I owe the money because the time share people will not cancel the contact. The first bank is going to turn it over to their collection department if I do not pay the money back. My account shows a negative balance because of the time share. I open up a checking account with another bank, and I still want to cancel the timeshare. Can the first bank put a lien against my new account until I pay the money back to them for the time share. The time share is in Mexico and I live in the US, and I would have to get an attorney to go to Mexico to resolve this issue per the first bank.
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Answer:
Well, to answer your question, no a company can not withdraw money from your checking account without a court order. On the other hand, if it's your own bank that is taking it out, then that's a different story. Banks can do just about anything as long as it's within legal rights. Having said that, it appears the dispute is mainly between you and the time share company. In the US, you can void a contract anytime within 3 days for any reason, there are some exclusions. In your case, you changed your mind, but where you able to void it within that time period? I'm not sure what the bank was told for them to return your money to your account. Obviously something happened later that they decided they wanted the money back. Probably the time share wouldn't let you out of the contract, since you did not give them a written statement to void the contract. So the time share decided to keep the money they charged you, so the bank now wants the money they put back into your account- since it is their money. So yes, the bank can go after you to recoup their money. You'll have to deal with the timeshare and work something out to get out of that contract and try getting your money back. You should understand that the money you took out belonged to the bank, the time share company has your money. Regards.
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