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My bank unjustly took my money and I have a plan to get it back will the bank have legal recourse if i do this?
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My bank unjustly took my money and I have a plan to get it back will the bank have legal recourse if i do this?

A charge was made to my account in the amount of Eighty seven dollars. I did not make this charge and it was traced back to Utah, where apparently someone used my bank card. I reported this claim and they put the money back in my account, however a week later they sent me a letter saying that no mistake had been made, and they took the eighty seven dollars back from my account! WTF I didnt make this charge! They have refused to further cooperate, so I have the following plan:

I have closed my Bank of America savings account and now have that account at citibank. As for my checking account at Bank of America, I have withdrawn all my money and put it in citibank but have NOT closed the account, it just has a balance of 0.00. So in order to get my money back, I am concidering using my check card to overdraft the account with a purchase of around eighty seven dollars, then they never hear from me again. Bank of America cannot access an account in a different bank, nor do they know what bank I am using now. With the thirty five dollar overdraft fee, the amount I would supposedly owe BOA would be $122, well short of the minimum claim of $300 they need to file against me at my county court house. Also I have no mortgage or any other affiliation with Bank of America that they could take my money from. My question, could the bank do anything at this point?
Additional Details
There is a nice set of Sinatra albums at a local record store which I would love to add to my collection, price, $83.99. After this purchase, I will consider BOA's debt to me paid.

Also if they go to a bill collector, they will hit a dead end. I am moving from Oregon to Hawaii next month so bill collectors will not have the info to contact me for long.

And I don't have to worry about criminal charges because Oregon would never pay to have me extradited for such a tiny offence.


    




Truthseeker
Rating
LOL. If there was ever a person who knew how to make a small problem big and turn it into criminal misconduct, you know how.

You will be committing fraud. No question about it. Obviously they have some evidence about why they consider this original charge to be legitimate; you are entitled to that information and either they have told you this or you are just ignoring it.


Greg P
No, Oregon might. But Bank of America might slam you with a civil suite, trash your credit report, etc. Oh and as soon as you change your address with Citi, the debt collectors can get your new address in Hawaii.

The problem with your plan, besides it's childish and half ******, is that since you didn't close the account with a negative balance, they could continue to charge you negative balance fees each day, and let it get up to a nice amount before they sue you. Then your 83 dollar records become an 8,000 dollar civil suite. Bank of American can get your new address from your credit report since you still have an active account with them.

I suggest instead, you talk to Bank of America corporate. If you have already, then consider threatening to take BOA to small claims court. Something about the whole story seems phi shy to me. If you didn't use your card, file a police report.


Linda K Texan for Life
Rating
Not only will this hurt your credit. You will be reported to a system that will not allow you to get another bank account. AND they can have you arrested. Today the computers follow you throughout the world.

So do what you think is in your best interest.


olin h
Rating
bad idea -- you will get on chexsystems and you will never be able to open an account anywhere-- and chexsystems is ran by citibank





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