Pennsylvania | Credit and Debt Law
Legal Question
Bank Liability
My friend's ex-fiance and herself had a checking account that had been opened in his name, but she was on the account. They separated over 2 years ago. She had forgotten this aacount ever existed. Recently she went in the bank to deposit a check without a deposit slip. The teller asked which account she was depositing this into. She was shocked when she was told this account was still active and substantially overdrawn. Since her name is on the account, she was told she was liable for the overdraft. Several notices had been sent to the ex at his address. She was also infomed she would be turned over to collection in 12 days. I understand she is liable. She contacted her ex and asked him to close the account and clear the debt. Of course her refused. To save her credit, she closed the account and did clear the debt. How can she recover her loss? Does she need an attorney or can she go to a local magistrate? Does she have the right to copies of the bad checks from the bank, even though she did not write them? This this bad check writing be associated with her name due to the fact she was on the origianl account? Your assistance is greatly apprciated. Thank you !!
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