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Can i go to jail for overdrafting bank account 2000?

Loma Linda, CA |

Im going to pay bank back but will take me some time, and im scared im going to jail and be away from my daughters. i won money from lottery, just to find out that the goverment is going to take it. im scared and need help.

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Attorney answers 2


I really need some clarification to respond to this question. What does winning a lottery have to do with a bank overdraft, which would indicate that you wrote checks or used a debt card without sufficient funds in the account. If you won the lottery, why would you not have sufficient funds? Also, if this was from 2000 (over 10 years ago), if I understand your situation, perhaps the statute of limitations has long expired and you it is too late to try to prosecute you and it may even be too late for them to collect from you.

Who is threatening to prosecute you? Is this a debt collector? It may actually be a form of debt collection harassment if that is a debt collector making these threats. You may want to dispute this if it is a debt collector. Below is a link to sample letters to debt collectors.


Unless there's some criminal component to overdrawing your bank account, it's a civil debt, and you can't go to jail for it.

I'm not sure what the lottery and government debt have to do with the bank overdraft, but if you owe the government money for back taxes, they can attach money in your bank account.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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