Full question:
Credit union made a mistake and deposited my pension check twice automatic withdrawals went through and I like a dumb dumb made withdrawals from ATM. Now my checking account is 2800.00 in the red. I told them I would make payments but they say I made the withdrawals with intent to defraud will take to prosecuting attorney if I don't come up with the money very soon.
- Category: Banking laws
- Date:
- State: Ohio
Answer:
I understand this situation is frustrating. The credit union's mistake led to the overdraft, but they may be suspicious of your actions due to the significant amount overdrawn. You should negotiate a repayment plan with them, treating it like a loan with reasonable interest. If you receive monthly pension checks, paying back $200 a month could resolve the issue in about one and a half years. Since you are on a fixed income, it’s unrealistic to expect immediate repayment.
Consider consulting an attorney to represent you or at least draft a letter proposing a repayment plan. This letter could also mention potential wrongful prosecution if they pursue charges against you for their error. An attorney might offer limited representation for around $100. Schedule a meeting with a local attorney to discuss your options.
Good luck.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.