What is Preauthorized Payment? A Comprehensive Legal Overview

Definition & Meaning

A preauthorized payment is an agreement between a bank and a customer that allows the bank to automatically withdraw funds from the customer's account. This arrangement is typically used to pay recurring bills, such as loan payments or utility bills, without requiring the customer to initiate each transaction manually. The agreement specifies the amount to be withdrawn and the scheduled dates for these payments. Checks may also be utilized to facilitate these transactions.

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Real-world examples

Here are a couple of examples of abatement:

Here are a couple of examples of preauthorized payments:

  • A customer sets up a preauthorized payment with their bank to automatically pay their monthly mortgage, ensuring it is paid on time without manual intervention.
  • A user authorizes their utility company to withdraw the monthly bill amount directly from their bank account on a specified date each month. (hypothetical example)

State-by-state differences

Examples of state differences (not exhaustive):

State Key Differences
California Requires explicit consent for recurring payments.
New York Allows for automatic payments but mandates clear disclosure of terms.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Key Differences
Direct Debit An automatic withdrawal from a bank account. Typically used for recurring payments but may not require a written agreement.
Recurring Payment Payments made at regular intervals. Can be manual or automated, while preauthorized payments are specifically automated.

What to do if this term applies to you

If you are considering setting up a preauthorized payment, follow these steps:

  • Review the terms of the agreement carefully before signing.
  • Keep track of the payment schedule and amounts to avoid overdrafts.
  • Consider using legal templates from US Legal Forms to create or review your agreement.
  • If you have questions or concerns, consult a legal professional for guidance.

Quick facts

  • Typical fees: Varies by bank
  • Jurisdiction: Generally governed by state banking laws
  • Possible penalties: Overdraft fees if insufficient funds are available

Key takeaways

Frequently asked questions

It is an agreement that allows a bank to automatically withdraw funds from a customer's account for recurring payments.