Legal Question in Banking Law in Minnesota

I LIVE IN MINNESOTA , I HAD A ACCOUNT WITH TCF BANK AND

2005 AND I CANCELLED THS ACCOUNT BECAUSE MY AUTOMATIC DEPOSIT FOR SOME REASON DID NOT BE PUT IN MY ACCOUNT AS IT WAS SUPPOSE TO i CAN'T REMEMBER WXACTLY BUT IN THE MEAN TIME THEAUTOMATIC WITHDRAWELS WERE COMING IN AN WERE BOUNCED BACK CAUSING SEVERAL RETURNED CHECK FEES AND I REMEMBER THEY HAD CHARGED ME SO MANY THEY TOOK ABOUT HALF OF MY CHECK, I CLOSED MY ACCOUNT WITH THEM AND DURING THAT TIME I HAD WRITTEN A CHECK FOR $400.00 WHICH i ASSUMED WAS PAID . TODAY i RECEIVED A CALL TELLING ME i OWE FOR THIS BAD CHECK WRITTEN ON ACCOUNT THAT WAS CLOSED. IT WAS NOT CLOSED WHEN I WROTE IT AND WHERE HAVE THEY BEEN IN THE LAST 7 YEARS

IN MAY 2005. WHAT ARE THE STATUES OF LIMITATION FOR THIS TYPE OF CHECK! I DID NOT EVEN KNOW IT WASN'T PAID!


Asked on 1/05/12, 3:51 pm

1 Answer from Attorneys

Why you closed the account really doesn't matter, and that seems to be the bulk of your question. Apparently, you wrote a $400 check before you closed the account. Who is calling you? Is it TCF or the person you wrote the check to? It may make a difference. From your question, it appears that it is the person you wrote the to check because you state that it was for a "bad check" and "on an account that was closed." I doubt if TCF would honor the check if you closed the account. Why would you assume that it was paid? Obviously, you did not keep track of your account. That is you responsibility. The statute of limitations is probably 6 years, so maybe you have a defense. Without more info it is hard to determine.

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Answered on 1/06/12, 9:13 am


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