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Bank charge off of $200. Collection agency say's I owe any least $680. 22% interest. They will sue and would be charged 2800.

Middletown, OH |

Bank account was my 3rd. account. Hardly used. I didn't know it was over draft until a month later. Never got notice of over draft. It is a debt of $180? With over draft charges.Debt is at least 2 years old.

Attorney Answers 3

Posted

It sure sounds like the debt has snowballed over the past two years. However, it is hardly enough to get an attorney involved, unless there are any consumer law violations. Perhaps the best course of action, assuming the bank is local, would be to file an action in small claims court challenging the amount of the debt, and ask them to prove it up. Of course, then you may end up with a judgment against you, but hopefully it would be for a smaller debt, and it is very likely that the rate of interest on the judgment would be a lot less than is currently accruing on the debt now. If you have a lot of other debt that is creating a problem for you, then maybe you should get a consultation from a local bankruptcy lawyer, since that would take care of all of it at the same time.

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Posted

A lot of the information you provide in your question seems contradictory. It may be that the collection agency is providing you with bad information, or it may be that you are confusing two or more different accounts.

I would suggest that you look for a local consumer attorney at www.naca.net. If a collector threats to sue you for $2800 when the charge off amount is only $200 (or $180 as you said in another place in your question), that would seem to be a violation of the Fair Debt Collection Practices Act (FDCPA).

You need to take all of your records (including all bank statements, collection letters, etc.) to an attorney for review. If the attorney finds a violation of the FDCPA, you can collect damages and attorney fees.

Skaar & Feagle, LLP maintains offices in Marietta (770 427 5600) and Decatur (404 373 1970), Georgia. The information ("the answer") provided above is for general information and educational purposes only. The answer should not be taken as legal advice for any individual case or situation. Posting the question and reviewing the answer does not constitute an attorney-client relationship. My firm will ask you to sign a written contract prior to the commencement of representation in any attorney-client relationship. Please contact 770 427 5600 or 404 373 1970, if you wish to discuss your situation further. Skaar & Feagle, LLP accepts select consumer rights cases. These cases include, but are not limited to, cases of abusive and unlawful collection activity, debt defense, credit reporting of false or obsolete (old) information, high interest lenders (title pawns, payday loans), debt management plans, and fraud or unfair practices in the sale and financing of automobiles.

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Posted

From the information you provide, it sounds like the collector is violating the FDCPA, and you may have a cause against them. In any event, I would not pay anything until you consult with an Ohio consumer attorney about the facts. The consultation is almost always free.

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