bank over paid withdraw but didnt catch it antill a week later now wont us to pay back now?

Question

went to bank to withdraw from savings and bank gave us thousand to much want us tu pay now. we spent it on bills, it was 1000 dollars we though it was back chid suport now bank is tacking us to court.it took them a week to find teir mistake and two days for them to sue we didnt know how much was in there,we are living off one income for 5 and ofert small pay back to the bank but they refuse please help

Answer 1

Let's see, did you specify the amount to be withdrawn? Is the back child support usually deposited to the savings account?

You knew the money was not yours, the minimum you should have done is called the bank or gone back and inquired about the transaction.

If there are others in the household of age to be working, like a spouse, that person should get a job too.

I would NOT go before a Judge and present the "story" you have presented here or you will get NO mercy from the court.

Answer 2

Make a deal with the bank. Possibly a loan to pay the money so you can make monthly payments. Do you think a judge will believe that a family with one income cannot know about how much they have in the bank? You said it was a withdrawal. This means you filled out a slip for the transaction. If the amount on the slip wasn't $1000 plus, you knew immediately that there was a mistake and should have corrected it at the same time.

Answer 3

As long as it was a mistake on the part of the bank, the court should set up a payment plan for you. They will get the judgement because you owe them money. But judges are usually reasonable. The worst thing that could happen would be a wage garnishment.

Answer 4

To me, this sounds like a clear case of hearing only one side of the argument. To start off, unless he explicitly agreed to reimburse her for the expenses, he does not owe her anything. Second, the part about him being the husband being an asshole, it is the most common symptom of PTSD (post traumatic stress disorder). It does not mean under any circumstance that the drug test came back positive. As far as of his chain of command, I have seen too many guys be cheated on while they are deployed. A lot of the times, they come back from deployment with nothing to their name but an empty bank account and and maxed-out credit cards. I don't know the exact details of this situation, but Im guessing neither does his chain-of-command. They are probably trying to stay out of it. I would strongly discourage you from going to a congressman. Already, by going to the IG, you have already pissed-off people that you want on your side. If you contact congress, you stand 0.00001% chance of getting anything. You have no idea how the military works and I would imagine a very small portion of the whole truth.

Answer 5

You knew you received too much money at the time....and, instead of returning it, you looked at it as free money.

It belongs to the bank and you are required to return it. One way or the other, you will. They will take your butt to court and get it that way and can put a lien against your accounts, car, home or anything else you own to collect.

It always pays to be honest. You weren't and now are paying the consequences.

Answer 6

an honest mistake from the bank will not justify in the eyes of the court you not having to pay the monies back

best bet is to try and be upfront, have valid reason for the court on where you believed the extra grand came from, and hope for a payment plan

Answer 7

You owe it.
Life sucks, so do banks
Explain it to the judge, tell them you what you said above.

Here is the problem, if you made no attempt to get this cleared up with the bank, the judge is going to look at you and slap you upside the head.

If on the other hand you really and truly tried to be reasonable to the bank, the judge may slap the bank for being inhuman heathens.

Don't have enough information to come to a conclusion.

Peace

Jim

.

Answer 8

Unfortunately, they have a right to recover funds given to you in error. Ask if you can convert it into a loan with regular payment terms, etc. That will help them straighten out their books, and they're in the business of loaning money.

Answer 9

Its your bank account, its your responsibility to know exactly where every cent in there comes from or goes.

You owe the bank money, no questions asked.

Answer 10

I think I would have checked into it more...not just like "wow! I got a thousand extra dollars". I would have been suspicious. You are now going to have to deal with it. It was there money. Not free money.