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Banks can definitely charge overdraft fees on an account if they are holding the funds. Banks will argue that you should not spend the money in your account until it is available to you or until the hold has been released. I have been in banking for years, and even though customers may not think this is a fair practice, it is perfectly legal and done all the time.

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Q: If a bank puts a hold on funds can they charge overdraft fees during the period until they pay the amount on hold?
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