US Bank debt from 04-08

[fross]

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

I had a bank account that was opened in 2004. I had over drafted a few dollars, so I waited until I next got paid and went to put the money in my checking account. That when I learned that US Bank has/had a rule that if your bank account was at negative balance, they would charge the account three dollars a day until paid off. Well, I was mad about that so I just never went back to US Bank. Today (10/22/2015) I got a phone call saying someone would be by tomorrow to serve me a summons from US Bank for the amount of $1600. The first person I talked to on the phone told me the default was reported in 2008. I called back and the second person told me it was reported on 12/23/2009.

Does the SOL start from 04 or when the default was reported in 08/09? From what I have read in the statues of limitations for Minnesota, the SOL is 6 years. If its been more then 6 years, are they still allowed to sue me? If I am summoned tomorrow. If the debt does start from 12/23/2009 but my court date is after 12/23/2015, would I then be past the SOL?

Thanks in advance for any help on this matter.

 

[FlyingRon]

Neither date is the date the SOL starts. The SOL starts from the date you breached the contract, i.e., failed to pay them what you owed. That probably runs (plus or minus a month or so) from the date you made the overdraft and runs until the court case is filed.

 

[Zigner]

You don't get warned that a process server will be there the following day. They tend to just show up. I doubt you'll be served tomorrow. I think the debt collector was trying to scare you. Heck, it's possible that the call is a total scam and they just happened to guess the right bank.

My friend got one of those IRS calls that scared her because she actually was having some issues with the IRS. I assured her that nobody was going to come arrest her if she didn't pay the caller money right then.

 

[single317dad]

Google the phone number. Many scams are easy to find because other people report the phone number the scammer calls from. The fact that you called them back leads me to believe it isn't a blatant scam though; usually, the caller ID number leads nowhere if you call it back.

If the number belongs to a law firm, you're probably about to be sued.

Here is an excellent article from the MN attorney general's office, which makes mention of the 6-year Statute of Limitations.

http://www.ag.state.mn.us/consumer/publications/debtbuyers.asp

That 12/23/2009 number seems conveniently fabricated to fall within that 6-year window.