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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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5yrs ago we had a over draft on our bank account,my wife also

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5yrs ago we had a over draft on our bank account,my wife also opened a bank account with one of my daughters,when we became over drawn because we were billed twice on a car loan the bank took money from my daughters account to cover our over draft. the bank said we still owed them fees but would never send a statement with the itemized i have a collection agency calling on something that happened 5 yrs ago i never got a bill from them until i asked for one and they can not prove to me what i owe, all they will give me is a figure, i don't won't to not pay in case it goes to court but i don't won't to pay it if i don't have to. don't know what to do? thank you for any advice
Submitted: 2 years ago.
Category: Legal
Expert:  TexLaw replied 2 years ago.

Thank you for your question.

From what I'm understanding to be the case, when the bank overdrafted your account, the account incurred overdraft fees which you never took care of. Now the bank has sold the account to a collections agency which is asking that you repay the overdraft fees plus additional amounts to cover their expenses. Is that correct?

Do you have evidence of what date the overdraft took place on exactly, such as bank statements?
Customer: replied 2 years ago.

i got a statement from the banks collection department,the statement did not show were they took the money from my daughters account we payed our daughter back and thought the ordeal was over, my wife ask the bank several times for a statement of proof for money owed which we never got.the statement we finally got is just a regular statement we would have gotten 5 yrs ago

Expert:  TexLaw replied 2 years ago.
OK, but I guess what I'm getting at is whether or not you recall that you actually owed the bank more money at the time of the overdraft?

This would have shown up as a continued negative in your account.

When did you end up closing the accounts?
Customer: replied 2 years ago.

the bank statement showed they wrote off the account,which we dont remember owing any extra money and closed account just a few days later after we opened a new bank account

Expert:  TexLaw replied 2 years ago.
Thank you for your response.

The overdraft likely caused your account to incur overdraft fees. There seems to be some conflict on whether the withdraw from your daughter's account covered the entire amount of the overdraft, plus the fees. The debt collector has 1 year more to attempt to collect this debt from you before the statute of limitations expires.

The fact that the debt collector has produced a bank statement showing that you owe the fees means that they have evidence of an amount owed. It does not sound to me that you have any counter-veiling evidence which would contradict the bank statement that they have produced. You recall not owing any further fees and you can provide testimony that you shut down the account and that the bank never informed you of any fees due on the accounts. What will happen is that the debt collector will produce an affidavit from the bank showing that the bank statement which shows you still owed money is a business record and is thus documentary evidence that you do in fact owe money. The question will then be put to the court as to whether to believe your memory, or the banks documentation. I think we can both agree the court will take the documentary evidence as very strong evidence that you owe the money.

Unless you have any records showing that you do not owe this amount, it is going to be incredibly difficult to beat their case.
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience: Lead trial/International commercial attorney licensed 11 yrs
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