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  1. #1
    Join Date
    Feb 2018
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    1

    Default How Long Does a Bank Have to Sue You for an Overdraft

    My question involves collection proceedings in the State of Georgia...

    I received a phone call today about an account that I supposly opened in 2012. They say it was a bank account and that I owe $800. Because of a bank overdraft. Now I know better to overdraft an account $800. They said they have tried to send me a letter that I have to sign for. They also said they have tried to contact me multiple times but, I have yet to receive a letter from them. Or phone calls till today! The lady said that she is calling to try and settle this outside of court. She also said that if I don’t settle with them. Then it will be taken to court. I have checked my credit report and the bank they are saying is not on my credit report. So my question is what do I do?? I don’t wanna go to court. But I don’t wanna pay $800 if I don’t have too. My mother said if they are going to take me to court then they have to serve me with papers. She also told me if they sent me a certified letter and no one was here to sign for it. The mail lady would of left me a piece of paper saying I had a letter at the post office. I haven’t received one of those either. So what’s yalls opinions I’m also a 25 year old kid.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Debt for 2012, Saying They Are Going to Take Me to Court

    Quote Quoting WhatleyUGA1
    View Post
    My question involves collection proceedings in the State of Georgia...

    I received a phone call today about an account that I supposly opened in 2012. They say it was a bank account and that I owe $800. Because of a bank overdraft. Now I know better to overdraft an account $800. They said they have tried to send me a letter that I have to sign for. They also said they have tried to contact me multiple times but, I have yet to receive a letter from them. Or phone calls till today! The lady said that she is calling to try and settle this outside of court. She also said that if I don’t settle with them. Then it will be taken to court. I have checked my credit report and the bank they are saying is not on my credit report. So my question is what do I do?? I don’t wanna go to court. But I don’t wanna pay $800 if I don’t have too. My mother said if they are going to take me to court then they have to serve me with papers. She also told me if they sent me a certified letter and no one was here to sign for it. The mail lady would of left me a piece of paper saying I had a letter at the post office. I haven’t received one of those either. So what’s yalls opinions I’m also a 25 year old kid.
    If you do not remember opening and then defaulting on a bank account then you should ignore the situation until you actually get served with paperwork. The fact that nothing is showing on your credit report tends to indicate that it might not be your debt.

  3. #3
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Debt for 2012, Saying They Are Going to Take Me to Court

    It sounds like a scam collection attempt. If they call again, tell them nothing and ask for a validation notice. If this is a legit collection attempt, they have to send (by mail) you the notice within 5 days.

    https://www.consumer.ftc.gov/blog/20...eal-businesses

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Debt for 2012, Saying They Are Going to Take Me to Court

    For something from the FTC, that's a rather confused explanation of the FDCPA.... Here's the statute
    Quote Quoting FDCPA Sec. 809. Validation of debts
    (a) Notice of debt; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

    (1) the amount of the debt;
    (2) the name of the creditor to whom the debt is owed;
    (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
    (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
    (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

    (b) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor.

    (c) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

    (d) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection (a).

    (e) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [15 U.S.C. 6801 et seq.], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section.
    The five day rule relates to what a creditor must disclose within five days of its initial contact with a consumer about a debt, whether or not there has been a request for verification by the consumer. That initial notice should not be sent by certified mail, but even if it were (which would be a needless expense to the debt collector) you would either receive delivery with a request for a signature or a card indicating that you weren't home when delivery was attempted.

    The consumer then has a thirty day window to request verification. While verification may be requested after thirty days, the consumer gains specific legal rights by making the request within thirty days of initial contact that are lost if the request is made after that deadline. If you make a validation request within thirty days and the debt collector fails to validate the debt, the collector may no longer contact you about the debt. A consumer can also specifically instruct a debt collector to cease contact, although a lawsuit remains possible.

    This sounds a lot like a collection attempt by a junk debt buyer. It could even be an account for somebody with the same name or a similar name.

  5. #5
    Join Date
    Apr 2009
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    35,894

    Default Re: Debt for 2012, Saying They Are Going to Take Me to Court

    25 is not a kid.

  6. #6
    Join Date
    Mar 2013
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    18,340

    Default Re: Debt for 2012, Saying They Are Going to Take Me to Court

    Quote Quoting Dogmatique
    View Post
    25 is not a kid.
    My son is 49 and he's still a kid. Often a dumb one at that.

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