Legal Question in Credit and Debt Law in California

Bank dispute

In July 2004 I closed my checking account. I asked the teller what my pending charges were, and he said they were settled and gave me around $90. A month later I noticed the bank was charging me for the pending charges with an overdraft fee. I called their 800 number and was assured it was settled. I moved to California only to discover one year later they reported me to the credit agency (and have been) and were attempting to collect $324. What should I do? They have not been open in communicating with me. I contacted them 1 year ago and they never returned my call. I have no record of the phone conversation in Aug 2004. I am a hardworking school teacher who needs your help! This is not so much about the money as the ethics of their company.


Asked on 4/12/07, 5:15 pm

1 Answer from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Bank dispute

You should mail a validation of debt letter to the bank at issue, giving them 30 days to respond, itemize the alleged debt or make the proper correction of no debt owed to the credit bureaus they negatively reported you to. Thereafter, if you do not get a response or said correction to your credit reports, you should contact the credit bureaus at issue to resolve the matter in your favor, using all relevant evidence in support of your claim. Even though the amount at issue is de minimus, you may still want to retain legal assistance to handle all of this for you, to effectively make sure it is done correctly and efficiently, especially since you do not want any unsubstantiated negative marks on your credit reports period.

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Answered on 4/12/07, 5:24 pm


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