Legal Question in Credit and Debt Law in California
Collection on bank fees for acct closed 9 yrs ago
My fiance recently got a letter from a collection agency demanding about $120 (1/2 of the total $240 charge) for bounced-check fees from a bank account she closed 9 years ago. She was not aware of any oustanding fees on the account, and she has never received any notice of this from the bank or other collection agency until this last week. There is no past-due account on any of her credit reports (we got the 3-in-1 report). When she moved, she shredded the bank info (including the acct closed & payout letter) since it was more than 7 years old.
The guy on the phone said ''there is no statute of limitation on this'', but I've seen 4 years mentioned on this board.
From what we've been able to piece together:
- The person's account is apparently hers--they have one of her old addresses and her SSN. I don't think there's an identity mixup.
- The company persuing her bought this collection account from another company, who was supposedly contracted by the bank.
- The bank has no records of this account.
- We've asked the collection companies involved for proof.
2 Answers from Attorneys
Re: Collection on bank fees for acct closed 9 yrs ago
Thanks for your posting. These fees are too old for you to be sued for, but that doesnt mean that the collection agency can't threaten to try to make you collect.
If you are sued, you must assert the statute of limitations in your defense. Because I think it is unlikely that you will be sued, you should probably ignore anything this collection company tries to tell you to get money from you. Best of luck.
Re: Collection on bank fees for acct closed 9 yrs ago
Yes, that collections man is right on the money. It's rape, murder, and bounced checks that are not subject to a statute of limitations. Forgive my sarcasm. Collections people will say anything to get you to pay. I don't like to speak in absolutes, so I'll just say that they PROBABLY have no claim.
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