Overdraft fee's, etc bank account

[drowningNdebt]

OK so my checking account is over drawn by $975. I have no way to pay it but my auto loan keeps getting deducted from this and I'm getting hammered on the over draft fee's. Question, why would the bank keep paying the auto loan if I haven't made a deposit in over a month and the account was over drawn last month and in negatives? I'm going to try and call my car lender and tell them to send me paper bills and eliminate the auto pay so this doesn't keep happening.

I'm looking at filing with in 6 months so I hope this can be included in the discharge. I have no job and no money. I'm lucky that my family is willing to help me on my car loan. I recently moved back home and don't have any rent, etc.

Last question, I bailed on my lease from a private individual due to my hard financial times. I signed a 2 year lease and was in 8 months. Can this be eliminated in the BK if she decided to come after me for it?

[blankslate]

Same thing happened with my bank. Make sure to call the auto lender if you plan on keeping the car and the overdraft fees can be included in your bankruptcy. Same for the lease. Even if that landlord is not coming after you before bk, you need to include the debt.

[AngelinaCatHub]

Close your checking account right away. Yes you can close it even with a negative balance. They can still hold you responsible for the OD, but unless the check holders sue you for bad checks (a felony) you can get the overdraft charges dismissed. I would make sure that those outstanding checks get paid and not turned into the States Attorney. 'Hub

[drowningNdebt]

I didn't write any checks. They were auto debited out of my account.

[drowningNdebt]

Yes the payments were auto debited out of my account and the bank decided to pay them since I was a premiere account holder. They charged me $35 overdraft fee. The account almost acted as a credit card. I was told in this case if the account isn't paid off in a certain time frame they charge it off and put it in a system called chex that I faulted with them. This makes it harder for me to open a new checking account.

Now if I wrote a check to someone and it bounced then yes that would be considered a felony if they decided to go after me. The bank would then charge me a fee for non sufficient funds.

[AngelinaCatHub]

Yes the payments were auto debited out of my account and the bank decided to pay them since I was a premiere account holder. They charged me $35 overdraft fee. The account almost acted as a credit card. I was told in this case if the account isn't paid off in a certain time frame they charge it off and put it in a system called chex that I faulted with them. This makes it harder for me to open a new checking account.

Now if I wrote a check to someone and it bounced then yes that would be considered a felony if they decided to go after me. The bank would then charge me a fee for non sufficient funds.

I am pleased you did not write any checks. Yes it will be hard to open an account, but what did the bank pay? At this time, I would talk to the bank, open another account in some other bank first, tell the bank you will make the payments but not the NSF penalties and to stop the auto withdrawals and freeze the account less the fees. You then will pay them up in time. Just a thought to avoid problems.

I had problems with NSF's after not bouncing a check in 45 years. The balancing trick does not work with no float and electronic clearing. What I did to correct this is; when the checks ran out, I refused to reorder. A money order for 45 cents sure beats a $30 NSF fee. 'Hub

[OhioFiler]

Overdraft protection is a service provided by the bank. It's a loan. The bank had the option to decline the car loan ACH request.

[jribe]

Most banks will keep honoring auto debits coming out of your account. I always recommend closing the account with an ACH and reopening a different account so that they lender doesn't have a correct account number that would overdraw you. At this point, it's obviously not an option. The bank won't close an account if it's overdrawn. After 60 days (typically) the bank will send it to collections. You can include the amount owed in BK.

You can also include the defaulted lease in your BK. Just be warned that this will show on your rental history so when you go to rent in the future- you will likely have a very difficult time getting someone to rent to you...

OK so my checking account is over drawn by $975. I have no way to pay it but my auto loan keeps getting deducted from this and I'm getting hammered on the over draft fee's. Question, why would the bank keep paying the auto loan if I haven't made a deposit in over a month and the account was over drawn last month and in negatives? I'm going to try and call my car lender and tell them to send me paper bills and eliminate the auto pay so this doesn't keep happening.

I'm looking at filing with in 6 months so I hope this can be included in the discharge. I have no job and no money. I'm lucky that my family is willing to help me on my car loan. I recently moved back home and don't have any rent, etc.

Last question, I bailed on my lease from a private individual due to my hard financial times. I signed a 2 year lease and was in 8 months. Can this be eliminated in the BK if she decided to come after me for it?

[drowningNdebt]

Please advise me how this will show on my rental history? It was through a private party, didn't even run my credit, doesn't have my ss #, date of birth or any id or photo!

[music12]

if your landlord does not report to credit bureaus or to rental history listings, then it won't show anywhere. if she didn't even run a credit report and doesn't have your ss number, it's very likely she is out of that loop and you are safe.

[jribe]

Please advise me how this will show on my rental history? It was through a private party, didn't even run my credit, doesn't have my ss #, date of birth or any id or photo!

wow. what did you put on the lease agreement? usually most of that is on
that form...

Anyway, obviously she would have your name and you'll have listed it as a previous residence.
I don't know the name of the agency- but there is one specifically for rental history.. When you go to rent from someone else - they'll typically ask for your previous addresses, who you rented from etc. Most landlords (private parties) go through a company to search and verify everything.

It just really depends on what you plan on doing for your living situation.. If you're planning on living with family for at least 2 years after filing it's probably not a big deal. Then you can buy a house and be done with renting.

If you go through someone that doesn't care about credit, history etc- it won't matter either.

It just seems like most private owners are doing a lot more checks on renters these days. I haven't even filed yet- and have *perfect* rental history and had a hard time finding a place because of my credit.

[StartingOver08]

jribe, it will be easier (believe it or not) once you have filed BK to rent a place. Then all the late pays are not relavent.

It is much more difficult to get a tenant approved when they have bad credit then when they have a BK on the report and have begun to recover financially.

Most private landlords are concerned with two major things: 1) has there been an eviction recently and 2) is there a criminal record. Those are the two items that most effect the rental. However, if you have not filed a BK but you have no corresponding good payment history, it is difficult to find a landlord to rent to you because there is no 'mitigating factors' to support the rental. On the other hand, if you have a good payment history with your past landlord, supply a VOR (verification of rental) for the landlord to fill out and you will probably get the new place.

[qsr]

I had an issue where Wells Fargo was auto-drafting to pay a different Wells Fargo loan line account, and I ended up in a hole about $270. I paid like $80 of it when I could to show in good faith that I want to bring the account to zero, because I fear getting a notification in check systems. Can this even happen at this point? The account is closed and it's in the Wells collections department. I need to figure out if I have to pay this thing all off before I file, or if I can just include it. Yes, most of the money is fees, the rest is money that went to pay an credit account I was planning to include anyway.

[mtbc]

if she didn't even run a credit report and doesn't have your ss number, it's very likely she is out of that loop and you are safe.

They'll have the social security number once they receive the notice of the bankruptcy case that the court mails out to creditors. But by that time can they not report it because it's like a violation of the stay?

[jennordhavn]

You can include the overdraft account in your BK. Once you receive your discharge, send a copy of it to ChexSystems and ask them to remove the account from your ChexSystems report. I got three accounts removed this way.