QUESTION
Is there a statue of limatations for a bank overdraft?
Asked on Nov 08th, 2013 on Civil Litigation - Oklahoma
More details to this question:
Yesterday I was contacted by a agency saying they where trying to collect on a overdraft bank account, turns out it was for a bank account that I had with my ex-husband over 13 yrs ago or more. Apparently I had forgot to close a bank account before I left my ex-husband and he had used it and overdrafted it for 200.00 dollars. This is the first I have heard about this account and it has to be at least 13 to 15 yrs old as I left him 13 yrs ago and we had seperated 2 yrs prior to me leaving Utah. I have been living in Oklahoma for the last 13 yrs.
1 ANSWER
Yes, there is a statute of limitations on this claim, but it varies from state to state. I would be surprised if the Utah limitations period was as much as 13 years, but the time runs from when the account was overdrawn. Since you forgot to close the account, how can you be sure your ex-husband didn't overdraw the account last month? Also, are you sure they are trying to collect on the overdraft itself, or on a judgment they obtained based on the overdraft? The statute of limitations for collecting on judgments is generally much longer, and probably has not expired in 13 years.
Answered on Nov 08th, 2013 at 2:35 PM