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Bank have Legal Right to Deduct Scam-Related Loss?

Does a bank have the legal right to deduct an Internet scam-related loss incurred by an adult daughter from her parents and other family members' bank accounts?

Answer by Brian Crow: Right of setoff of one account against another will be determined by state law, your deposit agreement with your customers, and whether or not the daughter is a joint owner on any of the other bank accounts.


Answer by John Burnett: Just to harmonize with Brian's reply, the joint ownership question he raises is an important one. Even if state law permits exercising a right of offset, it won't be permitted unless the daughter is an owner or co-owner of the account you wish to tap for recovery. Her family members have no legal obligation to you for her debts.

First published on 10/3/11

First published on 10/03/2011

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