Overdraft Fee Collection
Date: Sun, 07/08/2012 - 10:35
I received a collection notice on a bank account I was jointly on. The overdrawn balance is from several years ago. The person I am jointly on the account with was the original person who opened the account and I was added on years later. After a breakup, I no longer used the account but was still listed on it. I did not make any of the charges that over drafted the account. How should I approach this situation? Do I have any rights since I was no longer using the account and did not make the charges? Or should I send a letter of debt validation, and follow with a FOAD letter, since they may be outside of the California Statue of Limitations?
It really doesnt matter that you were not using the account...be
It really doesnt matter that you were not using the account...because you are joint on the account you are liable for the debt. How long ago did the account became overdrawn and written off? THat is where the SOL will start plus it will be reported to chexsystems for years. Depending on how much is owed, an FOAD letter could result in them immediately suing you. It is a risk you take.