Blacklisted by Checksystem - innocent

What is the name of your state? Indiana
At the time this occurred, I lived in Florida.
A couple years ago, I was in a relationship with another person, and we had a joint checking account. When the relationship was over, I left, and no longer used the checking account, not even once. Because the "parting" was amiable, and I was busy with getting my life re-established as a single person, I procrastinated taking my name off the joint account (just never got around to it).

The motor home we lived in was in my ex's name only, and the loan on it was in my ex's name only. The payment was automatically taken from the joint account. Well, after my small income left the picture, my ex had to file for bankruptcy, but the bank kept taking the payment from the joint account, even though it overdrew the account drastically....even though my ex had been advise by the retained bankruptcy lawyer not to pay it any more.

I had opened another account, in my own name only, but it was for business purposes. I had to open it in my own name, since my business had not yet been registered in the state of Florida, and it had over $250 in it. The bank, because it was opened as a personal account, pending registration of the business I started, took all the money from the newly opened account, saying it had a right to that money, since my "other" account (the joint one I no longer used) was overdrawn. There was nothing I could do about that. I had a non-business account at a different bank.

Here is the real problem I have the question about. After I got to Indiana, I tried to open a bank account here in my own name, since businesses here were reluctant to accept checks from an out-of-state bank. When I went to open the account, I was told that I had been entered into the "Check System" and blacklisted for "abuse of account" in reference to the overdrawn account that I had not used after I left the relationship, and that I would not be able to open a new bank account at ANY bank, ANYWHERE in the nation for at least 5 years. I tried at 2 different banks here in Indiana.

My question is....since the ONLY thing I was guilty of was procrastination in taking my name off the joint account before my ex filed for bankruptcy, is there any way I can get OUT of the Check System and get UNblacklisted so that I can open a new account here?

Any help would be appreciated. I have explained the circumstances to the respective banks and was told there was nothing they could do.

Jan

[JETX]

"since the ONLY thing I was guilty of was procrastination in taking my name off the joint account before my ex filed for bankruptcy, is there any way I can get OUT of the Check System and get UNblacklisted so that I can open a new account here?"

** The 'system' you are talking about is called ChexSystem and can be found at: [url]http://www.chexhelp.com/[/url]

Though I understand your position, it appears from your post that your name was on an account priviledge that was 'abused' and as such, their record on you is likely accurate.

From their site:
"Consumers have the right under the FCRA to insert a statement into their file explaining the cause of a debt or providing additional information regarding a closure. But an accurate closure record is not removed from the ChexSystems database unless the financial institution that submitted the information requests that the record be deleted. If not, a closure record will remain in ChexSystems reporting file for five years. This is two years less then the seven-year retention period permitted by the FCRA.

ChexSystems consumer relations representatives investigate every dispute that is filed, and they notify the consumer of the results within 30 days. If errors are discovered, the file is corrected immediately. Information that is found to be inaccurate or which cannot be verified is removed."

I would suggest you write them a letter detailing the facts you provided here and ask them to investigate the report. Though it is probably accurate, you can also ask them to put a comment with the file.
Their contact information:
ChexSystems Consumer Relations
12005 Ford Rd., Suite 600
Dallas, TX, 75234.

Phone: (800)-428-9623
FAX: 602-659-2910

[nailtech]

quote from original poster:
The payment was automatically taken from the joint account. Well, after my small income left the picture, my ex had to file for bankruptcy, but the bank kept taking the payment from the joint account, even though it overdrew the account drastically....even though my ex had been advise by the retained bankruptcy lawyer not to pay it any more.
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Thats weird, because when we filed I couldn't get my finance company to keep taking my automatic payments out of my checking account and I begged so it wouldnt be late, they said it would be considered harassment by the BK courts to do that and said I would have to mail them in... they wouldnt even send me a payment statement.... I had to find an old one and photo copy it and send in the same payment statement each month to keep the account current and on tract.....