Legal Question in Credit and Debt Law in Missouri

Debited checking account

Hi.

Over five years ago I moved from one city to another...in the same state. I had a checking that I had opened almost four years prior and was relieved to find that my bank had branches in my new town. After some time, they insisted that I close the existing account and open another...apparently, the routing numbers vary by city and it was causing them extra work. Reluctantly, I did so. I left the current account open for about 30 days and left a $500 balance. The personal banker there monitored it for me and made sure that no debits came through. He notified me that he would be posting a credit memo to my new account and closig the other. Cool. Over four years later, the bank debits my current account for over $500 and says they were recovering an overdraw from the old account...which was closed in 2003. This was their error! The bill should have not been paid. I cwas never notified. They did not have a judgement. My question....can they legally do this???


Asked on 12/06/07, 10:37 am

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Debited checking account

I think you need to see a local St. Louis lawyer. The Bank could lawfully have debited your account for 180 days. After that, any check sent through the account would be stale. Normally a bank will not cash a stale check. If the bank violated its own rules it should not be able to take the money from your account.

You also need to read the depository agreement and the contract between you and the bank. You need to find the source of the debit and determine if it was indeed lawful or simply omitted at the time.

I would get an attorney involved immediately.

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Answered on 12/06/07, 11:02 am


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