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  1. #1
    Join Date
    Oct 2014
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    2

    Default Overdrawing an Account Through an ATM

    My question involves collection proceedings in the State of: Michigan

    It was recently discovered that my mother had taken out large amounts of money via check at our local casinos totalling $5,000. She did not physically write a check, but she had a card that can be used in ATM'S that draws the money in the form of a check. The company that runs is this Global Payments.

    The checks bounced and she has to repay the $5,000. She is on Social Security and has offered to start paying them $500 a month immediately to start paying off the debt. She was advised that she has to pay $1,700 a month for three months or she could be prosecuted or she could be sent to collections, they dont know. The first time she called she spoke with a rep who was very helpful and said they would work with her. When she was assigned to her actual collections officer, she advised they would not work with her and to pay up.

    My hands are tied with this situation and I am trying to find out what can she do? If she only has $500 should she send it anyway? How can we get a straight answer as to if they will prosecute or if they will send her case on to collections? She wants to pay, but just doesnt have it all up front. Plus, since she didnt physically write a check and used a "card" is this still a criminal matter or is it civil? Global Payments keeps telling her it depends on her state, yet when she tells them she is from Michigan, they will not give her any more information to help.

    I had now knowledge any of this was going on as we obviously would have stopped it, but now I dont know what to do to help her besides come up with the $5,000.

    Thank you!

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Overdrawing an Account Through an ATM

    Call them and explain the situation. They want the money, not to put an old lady in jail. I suggest you use this as an opportunity to establish a Rep Payee account with her blessing.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Overdrawing an Account Through an ATM

    Have her send the $500. Have her keep a photocopy of the check and documentation of payment and delivery.

    Then have her send as much as she can as often as she can.

    Talking about paying is not paying. They don't want to hear talking about paying.

    Paying is paying. Sending the money regularly won't stop them from hounding her but it may delay or avoid litigation and/or prosecution.

  4. #4
    Join Date
    Oct 2014
    Posts
    2

    Default Re: Overdrawing an Account Through an ATM

    Thank you for your responses! I told her to send the money in, if she has $500 then send it. She is afraid to because its not the amount they are requiring. I told her that if she is making an effort it is less likely they will try to prosecute her. She says they said they can prosecute at any time. I told her they are in the business to collect money, of course they are going to say anything they can to scare her. I am just trying to help get this straightened out and help her sanity.

    Can she request a new rep or is she just stuck with teh lady she has? She claims the lady is awful, will not explain anything to her even though she is trying to get them paid. Do you think I should call and speak on her behalf possibly to get someone to give a little more explination? I know what she did is definately wrong, she want sto make it right and I want to get it right for her, so any advice is so appreciated.

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Overdrawing an Account Through an ATM

    Quote Quoting Sum
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    Can she request a new rep or is she just stuck with teh lady she has?
    She can "request" anything she wants but the company has no obligation to do anything for her and she has no leverage to compel them to.

    Quote Quoting Sum
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    She claims the lady is awful, will not explain anything to her even though she is trying to get them paid.
    Collection agents are always awful and rely on fear and intimidation to wring money out of people who owe it. Again, trying to get them paid isn't paying. You are correct. They don't want talk, they want money. The only explanation she needs is that she owes the money and she has to pay it or face some seriously unpleasant consequences.

    Quote Quoting Sum
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    Do you think I should call and speak on her behalf possibly to get someone to give a little more explination? I know what she did is definately wrong, she want sto make it right and I want to get it right for her, so any advice is so appreciated.
    You can try call and see how it goes. They have no obligation to talk to anybody but the debtor (or the debtor's lawyer) and probably aren't going to talk to you.

    And you aren't likely to get any more of an explanation beyond "owes X dollars, pay it."

    I hope you can impress upon her the need to just stop talking and send money, as much as she can, as often as she can. That's the only thing that gets her out from under this. Other than bankruptcy, that is.

  6. #6
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Overdrawing an Account Through an ATM

    Why is her Rep Payee allowing her to fund a checking account/ATM card? This is contrary to the point of being a Rep Payee. If I was not permitted the financial control to accomplish the goal, I would resign. Perhaps you need to step in. Even though my mom has progressed to regular retirement, I still keep all CC's and disburse cash weekly. If she does not agree, I refuse to be her financial manager.

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