Legal Question in Credit and Debt Law in Pennsylvania
Bank Liability
My friend's ex-fiance and herself had a checking account that had been opened in his name, but she was on the account. They separated over 2 years ago. She had forgotten this aacount ever existed. Recently she went in the bank to deposit a check without a deposit slip. The teller asked which account she was depositing this into. She was shocked when she was told this account was still active and substantially overdrawn. Since her name is on the account, she was told she was liable for the overdraft. Several notices had been sent to the ex at his address. She was also infomed she would be turned over to collection in 12 days. I understand she is liable. She contacted her ex and asked him to close the account and clear the debt. Of course her refused. To save her credit, she closed the account and did clear the debt. How can she recover her loss? Does she need an attorney or can she go to a local magistrate? Does she have the right to copies of the bad checks from the bank, even though she did not write them? This this bad check writing be associated with her name due to the fact she was on the origianl account? Your assistance is greatly apprciated. Thank you !!
2 Answers from Attorneys
Re: Bank Liability
Assuming the amount overdrawn was less than $8,000 your friend can file a complaint before the district justice. I suggest she do so. For a small fee I can direct her in the right direction. She does not require an attorney at this level. If there is an appeal from the district justice it must be done within thirty days of the decision. In that case an attorney is needed. Gerald Hershenson 215-579-9390
Re: Bank Liability
I agree with Mr. Hershenson advice. You should also look at whether or not criminal charges have been filed against the ex for these check.
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