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Bank debited my account without prior authorization or notice for an old written off account?

In 2005 my partner opened a bank account with AmSouth Bank. I later signed the signature card so that I could make deposits for him. When we sepperated in 2006 I went to the bank to have my name removed from the account. I was told that I coulnd't close the account it wasn't mine. So I turned in my ATM card and washed my hand of it. AmSouth and Regions banks later merged. I have a joint account at Regions with somone who was not affliated with my ex-partner or the bank account. In 2009 the Regions drafted a check out of my account for overdraft charges that had occured with the partners account at AmSouth. The check had my ex-partners name (for arguments sake John Doe is his name and I am Peter Paul) on the signature line of the check. I went to the ban k and claimed fraud. How could John Doe sign a check on an account owned my Peter Paul. the bank after much debate refunded the money. Now two years later with no notice they have again charged my account for the 500 dollars, however, this time instead of a bank draft they simple did it as an account withdrawl. I am furious about this but am unsure what my rights are?

Account 1 - AmSouth - John Doe and Peter Paul - Overdrafted by 500 after Peter Paul asked to be removed from account.

Account 2 - Regions - Peter Paul and Janet Jane. Charged the 500 dollars that the previous acount was in overdraft.

Is this legal?

Thank you and sorry for the lengthy question.


Addendum: I am curious I understand that while he and I had a joint checking account that I was liable for anything that either of us did. However when I tried to close the account and was told that it wasn't my account so I couldn't close it how much of my responsibility for the account ended there?

2 Answers

  • 9 years ago
    Favourite answer

    I would try raising hell again. Also I would threaten to switch banks and then do it after they correct the mistake or if they don't. I think anything that has your name on it might be able to be fair game, but not sure. Try to go to a lawyer where the first visit is free if you don't get the bank to correct this. But if you owe a debt, they can also attach your wages or any property you own could put a lien on.

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  • 9 years ago

    Unfortunately the bank can come after any account with your name on it. You will probably have to sue your fomer partner to get reimbursed for the bad check.

    However, there should have been a way for you to remove your name from that account. By any chance did you get anything in writing when you tried to remove your name?

    Source(s): BD
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