What to do if I’m in collections on a joint banking account but I didn’t make the overdraft and incur the fees?

I received a collection notice on a bank account I was jointly on. The overdrawn balance is from several years ago. The person I am jointly on the account with was the original person who opened the account and I was added on years later. After a breakup, I no longer used the account but was still on it. I did not make the charges that are over drafted on the account. Do I have any rights since I was no longer using the account and did not make the charges? Should I send a letter of debt validation, and follow with a FOAD letter, since they may be outside of the statute of limitations?

Asked on July 8, 2012 under Bankruptcy Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you were simply placed on the account that you have written about, nerver used it and have no interest in it, I would simply write the lending institution a letter explaining such where you disclaim any interest in the account. Provide the lending institution with the name and address of the actual owner of the account.

Keep a copy of the letter sent for future reference and need. If the charges were incurred more than four (4) years ago, then there is a good chance that the bank may be barred by the statute of limitations from filing suit against you.

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