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Q: ATM Incorrect Withdrawal Amount Legality Concerns ( No Answer,   2 Comments )
Question  
Subject: ATM Incorrect Withdrawal Amount Legality Concerns
Category: Reference, Education and News > Consumer Information
Asked by: uptotibet2006-ga
List Price: $9.50
Posted: 07 Mar 2006 20:44 PST
Expires: 06 Apr 2006 21:44 PDT
Question ID: 704789
Recently an ATM gave out $20 bills when $10 bills were withdrawn.  I
want to know the legal issues associated with this event.  The bank
whose money was withdrawn, turned around and took the money back and
added a $15 service charge for each transaction.  It is my belief
that, continuously taking $20 bills while being charged for $10 bills
is clearly unethical, yet there are no legal grounds for the bank to
take the money back.  This is my belief because no illegal action
occured on the part of the customer withdrawing money; hence this
would legally be a non-repairable mistake on the banks behalf.  Please
provide legal referrences.
Answer  
There is no answer at this time.

Comments  
Subject: Re: ATM Incorrect Withdrawal Amount Legality Concerns
From: nelson-ga on 08 Mar 2006 03:47 PST
 
I wouldn't fight them taking back the excess money, but I would
definitely recommend that you DEMAND they give you back "service
charge".  The f--k up was theirs.

(You probably should have informed the bank when you noticed.  They
have ways of knowing.)
Subject: Re: ATM Incorrect Withdrawal Amount Legality Concerns
From: markvmd-ga on 08 Mar 2006 11:53 PST
 
I concur with Nelson. You are legally obligated to return the money
but I don't think a fee would stand up in small claims court.

If your user agreement has such a fee listed, however, you might be
liable. Banks have got the laws on their side 'cuz they have the
money.


Perchick: "Money is the worl's curse."
Tevye: "Then may G-d smite me with it. And may I never recover!"

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