How long can you be sued for an overdrawn checking account in California? I got a call, like the other person just posted, about a Wells Fargo checking account I had back in my early 20's. It was overdrawn by I don't even know how much, and is most certainly more than 4 years old. The guy I talked to said I could be sued indefinitely for this account and the whole SOL thing doesn't apply to overdrawn checking accounts. He said I now owed about $1,200, but they'd settle for $1,000. (Why does every freaking collection agency want $1,000 from me????) So, like an idiot, I paid it because of what he said. I can easily get the money back if I filed fraud charges because I've done it before, but I don't want to do that if this whole thing is legit. I asked why they would let me open another checking account if this one was overdrawn and he said because Wells Fargo basically purges their records after so many years.
Has anyone else had any experience with this? He was definitely a smooth talker and gave me a straight answer for every question I asked. I'm just tired of being scammed by debt collectors for debts that are too old to even collect on.
I'm sorry they lied to you as rbently posted.
If it was your debt, you paid it, feel good about that.
Next time: Tell the person to call you back in 24 hours. If they argue, hang up!
Come here, ask FIRST! Do not let them intimidate you with their claims..
Until a summons shows up they are just a voice on the phone.
@RobertEG wrote:Was the debt collector the owner of the debt?
If so, they are covered by the enhanced provisions of the California Fair Debt Buying Practices Act if they acquired the debt after Jan 1, 2014. That Act includes explicit provisions regarding notice to consumer that they cannot be sued for any debt that is beyond the appropriate statute of limitations. See California Civil Code, Sections 1788.50 - 1788.64.
Proivded a statement that the debt is not covered by any SOL provisions when they know it is would also be a violation of the federal FDCPA as a knowingly false representation.
The owner of the debt is Wells Fargo. I was contacted by Brookstone? (888) 259-4870.
I mean, I want to pay this debt because it is mine, but I feel like I was severely taken advantage of and lied to. I know I don't owe anywhere near $1,000! The checking account was probably overdrawn by like $30 or something and that's it. I'm going to call them back and give them an earful and either ask them to refund me and take what I ACTUALLY owe, or I'll go throuh my bank and file fraud charges against them. Also, I'll be filing a complaint with whoever I need to.
HAHA!! Yeah, that's what it says on my credit card statement. I have to look for the actual letter they sent me saying the account was PIF, but for now, that's all the info I have. A Google search of the phone number, or company name gives me nothing. So that just makes it even more suspicious for me.