Please help, am I liable for Bank's Mistake?

This is a discussion on Please help, am I liable for Bank's Mistake? within the Consumer Bankruptcy forum, part of the BANKRUPTCY & DEBT COLLECTIONS category; I am a student and I have a checking account at Washington Mutual in California. My mom makes monthly deposit ...

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Old Mar 13th, 2007, 02:37 AM   #1
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Default Please help, am I liable for Bank's Mistake?

I am a student and I have a checking account at Washington Mutual in California. My mom makes monthly deposit into my account for a total of 1,200 each month. During one month, she accidentally wrote Twelve Thousand instead of Twelve Hundred in the written part of the check (still show 1,200 in numeric part). The bank credit me with 1,200 but later took out 12,000 from my account when the check bounced. I brought the issue to the bank and they promised to fix it. Couple days later I got a 12,000 credit and a 1,200 debit (to balance it out) to my account. To my surprise, they also gave me another credit of 10,800. I happily used this money to pay off my credit card debt. Couple month later, they found the mistake and took 10,800 from my account. So now I have a negative 10,000 balance on my account. A lady called me from Washington Mutual corporate investigation and told me that they can collect the amount from me even though it was a bank mistake, she then offer me a very nice 2 year payment plan interest free and wants me to sign the promissionary note.

Here is my question before I sign the note, am I legally liable for this debt even though it was their mistake? If I don't pay off the debt, what can they do to me?
Please help, I am totally lost.
Thanks for your time
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Old Mar 13th, 2007, 05:08 PM   #2
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Default Re: Please help, am I liable for Bank's Mistake?

--yes you do need to repay if you agree it is an error; you can however argue hardship in having to pay all or any substantial portion--saying that it was their mistake after all, and you spent it w/o realizing it was in error, and paying back now would be difficult...they often will not sue or take any further court action in these cases but will try to work something out. They may even settle on a partial amount
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Old Mar 14th, 2007, 07:13 AM   #3
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Default Re: Please help, am I liable for Bank's Mistake?

so I guess making payment plan for two years interest free is a good deal for me?
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Old Mar 15th, 2007, 03:28 PM   #4
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Default Re: Please help, am I liable for Bank's Mistake?

not bad yes
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Old Mar 1st, 2008, 02:35 PM   #5
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Default Re: Please help, am I liable for Bank's Mistake?

Count your blessings. Most would love to be able to qualify for an interest free loan for 2 years. You are responsible to pay this in full. They can file criminal charges against you if you do not. Pay up!
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