What to do ifI have a case but it appears to fall out a class action lawsuit?

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What to do ifI have a case but it appears to fall out a class action lawsuit?

About 4 years ago I closed out an account with a bank. When I closed this account I had overdraft fees that I paid. About 1 month ago I received a call from a collection agency stating that I still owed this money. Keep in mind this bank had merged with another bank right after I paid this, so I am not sure how their record keeping went. Fortunately after 4 years I still had proof that I had paid this bill. Not really sure what happened there. Well, currently the bank is under a class action lawsuit about “re sequencing” overdraft fees. I think my issue is different but I’m not sure what to do.

Asked on April 14, 2011 under Bankruptcy Law, Indiana

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In a class action, the named parties have claims that are similar and representative of the class members.  Your claim and the class action both involve overdraft fees.  Your claim may fall within the class action.  You could either accept membership in the class action which would prevent you from filing a separate lawsuit or you could decline membership in the class action and file your separate lawsuit.  You should have received a notice in the mail stating that you could be a member of the class action.

You might want to contact the attorneys representing the class action if you didn't receive any notice in the mail and you are not certain that your claim should be included in the class action. 


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