Deposit put in Wrong account...

[luckee]

What is the name of your state? South Dakota

I have been fighting the bank with this issue for over 2 years and also the collection company they sold my account to. They took me to small claims court and we settled out of court. The collection agency was suppose to find my last paycheck for 389.62 which was reported to unemployment as being the final amount of my check but now the bank says that my last paycheck was only 277. I also found out that the amount the collection agency is trying to collect is 597.64 and on the papers that were supeonud is only 183. The judge is an ass and wont listen to my side or look at my exhibits to prove them wrong. also the plantiff filed a leau in appearance so he wouldnt have to show up and the judge keeps calling him requesting more information and rescheduling my court. Now the judge is so fed up that he is calling in the bank, the collection company and I over this. I tried to hire an attorney to help me with this but it would cost me thousands of dollars I do not have. Now the judge wants me to represent myself against the bank lawyers. I do have some experience with law and such but I am shaking in my boots here. I have three weeks to get everything else ready to present in front of them. Any suggestions on how to go about doing this? I dont know if I can handle real lawyers. I have the evidence proving them wrong but i dont know the best way to lay it across to them and the judge..Please help me. Thanks!

 

[Ladynred]

Why is the collection agency finding your last paycheck ? Shouldn't that be up to you, or the bank ?? Can you clarify the issue ? Your post says 'deposit put in wrong account' - so what happened ? Who made the erroneous deposit ? Have you tried to contact the company/person who issued the check ??

Have you tried legal aid or perhaps finding a pro bono lawyer ?? I don't think I'd want to go this alone against a team of lawyers - they'll eat you for lunch unless you can bury them with paper that proves your side. Perhaps the judge isn't listening to you because your papers and evidence are not in the proper format ?

 

[luckee]

I used to work for a cc company called First PREMIER bank and the cc devision was called PREMIER bankcard. Because they were affiliated, our checks were auto deposited. Well, I went to put an extra deposit in my checking and the bank put it in an old closed account. Because the bank and the cc company are affiliated, your checking account cannot be negative because that is not appropriate banking procedures. well when the deposit was put in the wrong account, 16 of my checks were sent back. The bank was going to pay for all the od fees and returned check fees and then decided they would not. During this time of trying to get this straightened out and catch up, the bank charged off my checking account after 30 days of being negative. I was then fired from my job for poor banking procedures. That is where my last paycheck comes into play. They stated that it should only be 277 because supposidly I took 14hrs vacation time that i didnt have when on my paycheck stubs it states that they should have paid me for 4 hours that i hadnt taken. I tried to clear it up with the bank but all i have gotten is the run around for 2yrs and now to try straighten it out is going to take forever and because of the neg balance on my checking that is where the collection agency comes in and they wanted to put a judgement on me and I didnt agree with that so here we are in small claims court and they are trying to recover 598.00 when the bank states I only owed 183.00, which I just found out days ago. It is such a mess and I have no idea where to find a pro bono lawyer. I tried to hire one but he took one look at everthing and said that it would be too time consuming and costly. So that is how I ended up representing myself. And I am lost. LOL.

 

[Ladynred]

Wow, do you EVER need a lawyer !! You lost your job because THEY made the mistake in the first place. What a mess.

Dunno if a lawyer would take this on pro bono, but you can try. Try calling your local bar association and ask them if about lawyers doing pro bono work. You could also try naca.net.