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overdrawn checking account

Date: Thu, 06/17/2010 - 19:56

Submitted by anonymous
on Thu, 06/17/2010 - 19:56

Posts: 202330 Credits: [Donate]

Total Replies: 1


ok..short version -
middle of a divorce -
3 kids -
got into the whole checking advance game and ended up overdrawing my checking account with return fees -
I called and asked the bank to FREEZE the account and I ended up owing $ 94 to their collection agent ( Helvey and Associates ) which I paid in full -
This account is at least 5 + years old -
I just got a letter in the mail from Regent Management 2 weeks ago stating I owed
apprx 3000 $ to them for payment of the bank account -
I called- was on hold forever - explained i paid Helvey the $ 94 and after waiting for someone to give me an answer- they stated that they would have it noted and that was all I had to do -

Yesterday I get another letter from D.Scott Caruthers atty in CA for Regent stating I have 14 days to pay or they will file a claim against me in the court of the county where i live...
i faxed DV letters to Regent and this Caruthers person -

if I owed more to the bank - wouldnt I have known about it before now or had something mailed to me by now ?
also - Is faxing a DV to them enough - or should I mail something certified to both of them ?

and any thing else I need to be concerned with >
I have since paid off all the advances I had ( never will do that again ) and have a new checking account - so obviously the bank didnt put the voodoo out on my name because i have an account with a reputable bank now ?

appreciate any input


You can fax a DV letter and it's okay as long as you get the fax receipt. I personally like certified letters better, because you get a signature that way. You do have the right to ask for a complete accounting of the debt, i.e., why they are charging you $3000 instead of $95 which I would do as soon as you can. If you do get sued, you have the right to get an accounting that has to be filed with the court, which is one good thing about being sued.
You also have the right to ask that the account be sent back to the bank if the collection agency hasn't purchased the account.
Make sure to keep records of everything you get and every time you talk to either the collection agency or their attorneys.
I won't worry about the old bank hexing you from getting another account. No bank has the right to stop you from taking your money out of their bank and putting it somewhere else. And no bank is going to stop you from opening an account at their bank because you have over draft fees at another one.


lrhall41

Submitted by OVLG Attorney on Thu, 06/17/2010 - 22:11

( Posts: 511 | Credits: )