Legal Question in Banking Law in Alabama

A week ago my wife opened a checking account with both of our names on it. Last night was settng up online banking for this account and noticed $190 withdrawal by the bank to apply to a debt that I apparently have with them. This debt was charged off in 2003. They have called me about this debt which I beleive that I paid off several years ago but can not find the records to prove it. What can I do? Neither my wife nor I authorized this transaction. The bank is saying that I owe them $4100 with interest and late fees.


Asked on 2/27/10, 8:53 am

1 Answer from Attorneys
James Patterson Underwood & Reimer, P.C.

If the last date of activity with regards to the debt was in 2003, the bank cant file a suit against you to attempt to collect the debt as it would be past the statute of limitations on collecting a debt. However, its possible in your agreement with the bank for your checking account that they can subtract from your checking money you owed them from previous debts. You would need to look at your contract and look at your credit report for the last date of activity. Good luck.

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Answered on 3/04/10, 8:59 am


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