Do I have any legal options to erase a debt without paying if I was unaware of it?

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Do I have any legal options to erase a debt without paying if I was unaware of it?

I closed a checking account and moved out of the country for 6 years. Upon returning, I tried to open a checking account but was denied because of a delinquent account. I found out that several days after closing my account, a charge of $1.50 was allowed. This grew, with late fees, to $154and was the debt was then sold to a collections agency. I talked to the bank and they said it was not their problem anymore. Talked to collections agency with no success.

Asked on July 17, 2011 under Bankruptcy Law, Nebraska

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

From your question, it sounds that resolving the problem by paying the $154.00 to clear the claimd debt and hopefully eliminate the negative reference as to it on your credit would be the easiest and less expensive course for you.

Most banks have a customer sign paperwork when they open a checking account. The paperwork typically contains language about charges could be assessed for certain matters which would need to be paid by the customer. Most likely this is what occurred in your case.

Look at the original paperwork you signed for the checking account to confirm what charges could be assessed and under what circumstances. Many times people are obligated for a debt that they are actually responsible for because they did not read the agreement setting the basis for the debt. This might have happended in your case.

Good luck.

 


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