The Federal Reserve says that a "reasonable" extended hold generally means one additional business day (total of two business days) for a bank's own checks and five additional business days (total of seven) for most other checks.
Failure to Release Funds
If the bank will not release funds that are legally yours, you might have a valid legal claim.
Refer to your deposit account agreement for the bank's funds availability policy. If your bank is a national bank or federal savings association, and you believe it is holding your funds longer than allowed, file a written complaint with the Office of the Comptroller of the Currency's (OCC) Customer Assistance Group.
A federal law, the Expedited Funds Availability Act (EFA), or Regulation CC, provides exceptions that allow banks to delay or "hold" funds deposited by check for an extended period of time. When this happens, you must be given a notice stating the reason for the hold and when your funds are available for withdrawal.
When figuring out how to remove a hold on a bank account, you can often contact your bank and find out what caused the hold. If it was a pre-authorization hold placed by a merchant on a debit card transaction, you might be able to contact them directly and have them remove it.
Contact Your Bank
If deposited funds are being held for a longer period than you expected, it's a good idea to call, email or stop by a branch of your bank to ask about specifics of its hold policy. You can ask your bank to provide an explanation for the hold or sometimes even to release the hold.
Banks often hold large deposits to ensure the payor has sufficient funds in their account, to prevent fraud, or to verify the check's authenticity.
A: To pursue legal action against a bank for causing financial injury, you should consider hiring an attorney with expertise in banking and financial services law, including securities law. Look for a lawyer who has experience in handling cases involving bank errors, unauthorized transactions, and financial disputes.
The Office of the Comptroller of the Currency (OCC) is an independent bureau of the U.S. Department of the Treasury. The OCC charters, regulates, and supervises all national banks, federal savings associations, and federal branches and agencies of foreign banks.
Some banks or credit unions may make funds available more quickly than the law requires, and some may expedite funds availability for a fee. If you need the money from a particular check, you can ask the teller when the funds will become available.
Can Banks Take Your Money Without Your Permission? The short answer is no. Banks cannot take your money without your permission, at least not legally. The Federal Deposit Insurance Corporation (FDIC) insures deposits up to $250,000 per account holder, per bank.
A detailed explanation can be found in section 229.12 of Regulation CC. But remember, the Expedited Funds Availability Act requires the first $225 of a deposit that is not already subject to next-day availability to be made available by the first business day following the day of deposit.
Notify the local police: Reach out to local law enforcement to report the scam. Getting a police report may help you get refunded later, and reporting a scammer may help other people avoid a scam as well. Report the scam to the FTC: You should also file an FTC identity theft report or call 1-877-FTC-HELP.
File banking and credit complaints with the Consumer Financial Protection Bureau. If contacting your bank directly does not help, visit the Consumer Financial Protection Bureau (CFPB) complaint page to: See which specific banking and credit services and products you can complain about through the CFPB.
What happens to the money in a bank account if closed? If your bank account is closed with a balance remaining, the bank will issue a refund, typically by mailing you a check. If the account is closed due to suspected criminal activity, the bank has the right to freeze your assets.
In many cases, you won't be able to do anything about a hold. However, your bank needs to follow federal regulations and justify any holds in your account, so they can't keep you from your money forever. If things go on for too long, contact the U.S. Consumer Financial Protection Bureau (CFPB) and file a complaint.
An extension of up to five business days for most checks. An extension of one business day for checks that are drawn on, and deposited into, the same bank. An extension of up to six business days for funds deposited into an automated teller machine (ATM) not owned by the bank.
Holds give financial institutions the time to confirm that those funds will clear before allowing you to spend them. They can ensure that checks are legitimate and will not bounce.
You can ask your bank to remove a check hold, but that doesn't guarantee the bank will comply. If the bank has reason to believe that the check may be fraudulent or that the check writer lacks sufficient funds to cover it, the hold may remain in place for the full window that's allowed by law.
When you deposit money into your account, the bank needs to verify that the money is in fact real. This process takes time, and is often referred to as a “hold period.” To ensure your funds are valid, a hold is put in place to prevent you from spending money you may not actually have.