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  1. #1

    Default Regaining Overdraft Fees As Well As Personal Property

    My question involves personal property located in the State of: Indiana

    This all began last may. i voiced my frustration to my parents how i couldn't stand living in their house anymore... we got into a huge fight... well the very next day they cashed a check that i had asked them to hold til i could get the funds in my account... and at that point the check had been 7 Months old...

    Well after this huge fight they just happened to "find" this check and they had assumed the money was in my account, so without asking me they cashed the check, which resulted in over 900 dollars of overdraft charges... what are my course of action to get that money back?

    also due to the huge stress of attempting to make ends meet while i was 900 in the holeit came down to me playing some poker with what cash i had so i could at least put gas in my car and get to and from work, becuase not only were my parents not helping with gas after the overdraft charges they wouldn't even gimme ten bux to fix the flat tire i had.. anyway

    so the poker playing resulted in me breaking curfew becuase i had money invested in a tourney that i just couldn't leave... well i get a call and they said be home by 2 or don't bother after fighting on the phone for 15 minutes telling them that i don't know if i will be home by then it came down to i had to be home, well the game got over at 2 and i txt my mother saying i am on my way and she said don't bother...

    well i still had my car at this point and i parked it and spent the night in a parking lot.. i wasn't able to come back home so i had arrangements with my brother to crash there..

    so as i'm staying with my brother i continue to go to work, and i'm at work at one point and i get a txt from him saying mom and dad took your car. so i'm at work and get a ride from a friend of mine.

    now my parents took my car becuase after the overdraft fees i couldn't pay my car insurance and had missed a payment on the car and as co signers they took the car... since this we had many fights

    i have now come to the point to end the relationship with my parents and would like my stuff back that i paid for out of thier house, they say they are holding it as collateral because i do owe them some money for car repairs and whatnot but there was no contract on a payment plan to pay them back... do thye have the right to just hold my stuff and can i take them to small claims court for the overdraft fees for cashing a 7 month old check?

  2. #2
    Join Date
    Apr 2007
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    Southeastern Michigan
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    1,226

    Default Re: Regaining Overdraft Fees As Well As Personal Property

    First question, how old are you?

    Secondly, if you wrote them a check, dated and signed it, and they cashed it, on what grounds would you be filing suit? What they did was perfectly legal. However, writing a check with insufficient funds (which you admitted) is called check fraud and is a felony. If you take them to court, it could come back to bite you BIG TIME!

  3. #3
    Join Date
    Sep 2005
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    Default Re: Regaining Overdraft Fees As Well As Personal Property

    If in fact they cashed the check, causing $900 in overdraft fees, that suggests the check cleared. If it did not, there would have been only one overdraft fee (for that check) and your other checks would have cleared. So it sounds like your parents found out that you did have the money to pay them, and cashed the check they had been sitting on because you had told them that you didn't have the money. You wrote the check to them. That's their right.

    As for you losing money at poker, not paying for your insurance, not making your car payment... Those are things you are responsible for. If you want to live at home, your parents can set a curfew even if you're an adult. If you're an adult, they can choose not to support you.

    I don't see how any of this is your parents' fault.

  4. #4

    Default Re: Regaining Overdraft Fees As Well As Personal Property

    this happened shortly after memorial day so i had about 12 pending debit charges from the holiday weekend htat had not been posted to my account, which since the bank is full of shit and cleared the check electronically every single thing got hit with an overdraft charge,

    the check they cashed WAS 7 MONTHS OLD, i wrote it with the intention of the money being there and then i had to make car repairs so i i asked them to hold it and they did not ask if the money was there.

    i am 20 years old, and i want the stuff i paid for back.

  5. #5
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
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    1,226

    Default Re: Regaining Overdraft Fees As Well As Personal Property

    Quote Quoting MysteriousKarma
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    i am 20 years old, and i want the stuff i paid for back.
    Asked them for it. If they refuse, consult an attorney and see what your options are (very few I would assume). If you're not happy with that, file a claim against your parents in small claims court.

    You may get your stuff back but be prepared; your parents may file a counter-suit against you for what you owe them. Carefully weigh your options

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Regaining Overdraft Fees As Well As Personal Property

    one thing I see a possible problem with.

    the taking of the car;

    whose name is the car actually titled in? If neither of your parents names are listed as co-owners, they have no legal right to take the car. If they are not on the title, call the police and ask them to standby while you reclaim your car.
    i have now come to the point to end the relationship with my parents and would like my stuff back that i paid for out of thier house, they say they are holding it as collateral because i do owe them some money for car repairs and whatnot but there was no contract on a payment plan to pay them back...
    then sue them for the property, or the value of the property. Unless there was some agreement, they cannot simply hold your property as collateral.

    if you want things to get real ugly, simply call the police and ask them to escort you to the parents house as a standby while you reclaim your property. Unless the parents claim it is their property, refusing to release your property is illegal. I can promise you it wil only go downhill from that point. If they claim it is actually their property, you will need to seek assistance from the courts.

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: My Bank Account Levied for a Truck That Was Voluntarily Given Back 7 Years Ago

    A wrinkle... Bringing in the police to help reclaim the car is fine if it's in his name, but it's not insured so unless he brings a tow truck it's not that wise to drive it away with the police still on the scene.... Of course, he can bring a tow truck.

  8. #8
    Join Date
    Jan 2006
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    38,867

    Default Re: Regaining Overdraft Fees As Well As Personal Property

    good point.

  9. #9
    Join Date
    Dec 2007
    Location
    Ohio
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    2,006

    Default Re: Regaining Overdraft Fees As Well As Personal Property

    MysteriousKarma....ironic name.

    Dude, your totally in the wrong here. WRONG WRONG WRONG. If your even 1/2 has irresponsible as you have portayed yourself to be, I would start a seperate savings account to pay for future legal fees.

    You were driving without insurance, writing bad checks and gambling (yes it's illegal unless you were doing it for charity and since the location was friends house, I can assume that it wasn't for charity). And none if it is your fault but it's your parents for cashing a check that you wrote to them. You had 7 months to cover the debt. Get your head out of your butt, eat some crow and beg for mercy. They sound like loving, caring people who are attempting to make you more responsible. If you continue to be pig headed, you could end up spending money on an attorney to fight legal problems (WRITING BAD CHECKS IS A FELONY).
    As far as getting your stuff back, call them and ask. IF they refuse to give it to you then call the police and see if they can assist you. If they can't, follow up in small claims court.

  10. #10
    Join Date
    Jul 2008
    Posts
    471

    Default Re: Regaining Overdraft Fees As Well As Personal Property

    Check with your bank it's possible the check was stale (over 6 months old) the bank doesn't really expect you to pay $900 in fees just ask them nicely and you'll pay probably have to pay three of them.

    Wonderful family by the way. Sounds like mine I moved away and have seen my mom 3 times in 25 years.

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