A couple of years ago I had a banck account that I used daily. One day it went from +$1200 to -$4000. I called the bank and they said that I withdrew $5200 cash from my account, and that is what overdrafted my account. First off, I never took any money out of my account, and 2nd no way in heck would a free checking account allow me to remove $5200 cash from an account with only $1200 in it. It's just not going to happen, the teller would laugh at me if I tried. . The bank never agreed that it was an error on their part, and held firm that I removed money from my account that was not their. They ended up charging me the $4000 and closing my account.
I continued to fight the bank and all their debit collectors, over the phone and via the mail, with no luck.

Fast forward to a almost a year ago, I received a civil summons for this debit, and I answered it right away stating that it was not my fault, and that the debit is NOT valid, nor could it be proved. Over 8 moths went by since then and I thought that it was over..
Well today I get a large packet in the mail that includes a summary judgement from the clerk of court, as well as a short copy of my bank statement and a copy of the signed bank account agreement. Nothing that that shows where the debit came from, or how the debit happened. Only their record of the debit itself.


Now my question(s) are, is this a defult judgement? Is the judgement already in place?
If not, what do I need to do now? WIll I get to go to court to plead my case?


Ive been unempolied for 2.5 years and just now (6 weeks ago) got another job and I'm just starting to get back on my feet, However, I do not have ANY money for an attorany, nor could I get it.

My big concern is I own a house, free and clear valued at $65K. Im very concerned that this bank may force the sell of my home. Im hoping that they will only place a lien on it, but with it paid off, Im worried they may try and take it.

Please help.

I would ask, did you not ever report this as "fraud" if they insist someone took it out.

We can not read what the paper work says, so only you can read it tonight and see if there is a judgement in there, if so, when you returned paper work, somewhere there was a court date ?

You need to go to the court in the morning and go over the paper work with them.

... I continued to fight the bank and all their debit collectors, over the phone and via the mail, with no luck.
...


They took $5,200 from you and you didn't take them to court? What's wrong with you, anyway?



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Well today I get a large packet in the mail that includes a summary judgement from the clerk of court, as well as a short copy of my bank statement and a copy of the signed bank account agreement. Nothing that that shows where the debit came from, or how the debit happened. Only their record of the debit itself.
...
This doesn't make sense.

The clerk of court doesn't sign summary judgments; the judge does. Are they moving for summary judgment (which would explain their including documentation), or do they already have one?