Bank issuing a Civil Litigation against me

[ParadiseR]

What is the name of your state (only U.S. law)? Illinois

The bank account was opened in Washington State in 2005. Law firm called me and advised me they were sending me a summons as the bank is stating that I fraudulently over drafted the account, they said I intended to overdraw. And now they are filing a civil litigation against me.

Is there anything that I can do about this? It looks like they already made up their mind to sue me. Can I go to jail for this? Is this really serious? Can I get a lawyer to represent me? I am not guilty, I did not intentionally overdraw the account. The account overdrew and closed because of that.

 

[HomeGuru]

What is the name of your state (only U.S. law)? Illinois

The bank account was opened in Washington State in 2005. Law firm called me and advised me they were sending me a summons as the bank is stating that I fraudulently over drafted the account, they said I intended to overdraw. And now they are filing a civil litigation against me.

Is there anything that I can do about this? It looks like they already made up their mind to sue me. Can I go to jail for this? Is this really serious? Can I get a lawyer to represent me? I am not guilty, I did not intentionally overdraw the account. The account overdrew and closed because of that.

**A: do about what? Is is apparant the you did this to yourself. Now what is the story?

 

[ParadiseR]

Please read my post before replying......

I never have had to do this and need to know what my options are and what the next steps will be. I have not been issued the summons yet. And like I originally stated, I did overdraw the account but I did not INTENTIONALLY overdraw as the bank is stating.

They are not taking me to court because of the overdrawn account but because they think I fraudulently overdrew the account. I am pleading not guilty because that is not the case, can I even plead not guilty??? This is all new to me, please reply to assist me with this not to tell me this is my fault and I need to deal with it(I already know that).

 

[HomeGuru]

I never have had to do this and need to know what my options are and what the next steps will be. I have not been issued the summons yet. And like I originally stated, I did overdraw the account but I did not INTENTIONALLY overdraw as the bank is stating.

They are not taking me to court because of the overdrawn account but because they think I fraudulently overdrew the account. I am pleading not guilty because that is not the case, can I even plead not guilty??? This is all new to me, please reply to assist me with this not to tell me this is my fault and I need to deal with it(I already know that).

**A: hey, what have you done thus far to mitigate the problem or in other words rectify the problem? For example, how much do you owe the bank and how much have you paid back? It does not matter if your actions were intentional or not as it is treated the same way because you still owe the money.

 

[Antigone*]

What is the name of your state (only U.S. law)? Illinois

The bank account was opened in Washington State in 2005. Law firm called me and advised me they were sending me a summons as the bank is stating that I fraudulently over drafted the account, they said I intended to overdraw. And now they are filing a civil litigation against me.

Is there anything that I can do about this? It looks like they already made up their mind to sue me. Can I go to jail for this? Is this really serious? Can I get a lawyer to represent me? I am not guilty, I did not intentionally overdraw the account. The account overdrew and closed because of that.

Now is the time for you to play nice with the bank's lawyers. Call them and try to negotiate a payment plan.

This sounds to me like a civil summons, you won't face any jail time unless the bank decides to take criminal action against you.

Yes this is serious - pay up!!