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    nickiemoore's Avatar
    nickiemoore Posts: 3, Reputation: 1
    New Member

    Jun 30, 2008, 05:34 AM
    Money I owe the bank with a overdrawn account
    I had a checking account with a bank and after I took out some payday loans my account was way overdrawn. I didn't know that it was this way so I wrote some checks and they got returned to the place where I had written them at. I have already taken care of the bad checks that I had out but I am still in debt with the checking account for around $1000. They closed the account and everything but I need to know what can they do to me over this debt. I am a stay at home mom of 4 and my husband works his butt off trying to get things caught up but we are so scared that we are going to be taken to jail over this and it is the last thing that we need. Can someone help? Can you tell me if we can file bankruptcy over this.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
    Uber Member

    Jun 30, 2008, 05:42 AM
    I think if you were going to be taken to jail over it they would have arrested you by now.
    They can do a judgment against you until it is paid.
    The best thing you can do is make payment arrangements with them and use money orders from now on.
    Bankruptcy isn't worth it and I am not sure you could do it for this anyway.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    Jun 30, 2008, 07:13 AM
    The only way you would go to jail is if the people you wrote the checks to swore out a complaint against you for writing bad checks. But since you already made good on thos checks that shouldn't be a worry.

    What the bank can do is sue you for the balance. If the account was in both you and your husband's name then his salary can be garnished after they obtain a judgement. Also your credit history will be affected.

    I strongyl suggest you work out a payment arrangement with the bank.

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