What to do about an old bank ccount and past due fees?

UPDATED: Sep 11, 2012

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What to do about an old bank ccount and past due fees?

I closed a checking account approximately 2 years ago and yesterday i received a phone call from a collection agency stating i owe $700+ in finance charges and overdraft fees, plus they are filing a civil suit in excess of $1,800. I have no record of the bank contacting me in any way over the last 2 years. What should/can I do?

Asked on September 11, 2012 under Bankruptcy Law, Ohio


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your first step should be to request verification of the debt they claim that you owe.  If they call you again, ask them to send you something in writing about who they are and what they are collecting for.  For your own purposes, you want something in writing.  If they refuse to send you written paperwork of who they are and who they are collecting for, this is your tip off that they are trying to scam you for your identifying information or credit card information.

If they do send you something in writing, you have the right under the Fair Debt Collection Practices Act to dispute the debt and demand that they provide you verification of the debt.  You must do this in writing, and it's best to send the demand certified mail so that you will have verification of your request later.  The collection agency is required to cease collection activity until they verify the debt.

If they do send you verification, you'll have a better idea of what and how to resolve the account.  If the bank was trying to continue assessing fees after you closed the account, then you may have a countersuit if they continue to try to sue you.  In your suit, you could actually ask for attorney's fees and possibily other damages considering that you specifically put them on notice that the account was not a valid debt.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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