Q: can a bank come back after a account was closed 6 months earlier asking for money they made a mistake on depositing
After closing a account 6 months earlier, the bank sent us a letter saying we owe them $900. After going to a branch and speaking with a rep, they told us it was a error on their part that they put that money in our account (which we don't remember seeing). The branch rep told us we would not have to repay the money. A week later we are now being told we would have to repay the money. Is this legal for them to come after us 6 months later over something we have no recollection over? Also we are getting threating letters from them saying if we don't repay the money they will report us as bad account holders on our credit. Plus they are adding a $32 late fee for the money as well. In the letter they wrote they have tried numerous times to get a hold of us but we have had no calls or letters in the mail leading up to this point.
A:
If I understand your statements correctly the bank made a mistake and gave you $900.00 that was not yours. You have since closed the account and did not realize that you got an extra $900.00 that you did not deposit yourselves.
Now you are wondering if the bank is precluded from getting the money that did not belong to you back even though it was the banks mistake.
There is really not a way to answer this question via this online forum as I have no way to review the pertinent documents. However, I would say that yes the bank can pursue this money.
You should work towards getting the bank its money back and move on with your life. However, you may want to consult with an attorney in your area to see if you have a legal basis to keep the money and avoid the collection efforts of the bank after the attorney reviews the letters you received and any other supporting documentation.
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