Can an Overdrawn Bank Account Be Sent to Collections? (2024)

Old checking accounts can become troublesome if you’re not paying attention to them. Whether they’re overdrawn before you move on to another account or become overdrawn because you’re not monitoring them regularly, they can leave you on the hook for debt.

Can an Overdrawn Bank Account Be Sent to Collections? (1)

If you’re not careful, old bank accounts can even affect your credit and theamount your debt will cost you over a lifetime. Understanding how accounts become overdrawn can help prevent these actions from taking place. Find out more about the process and whether a bank can sue you for an overdrawn account below.

In this article:

  • Do Overdrawn Bank Accounts Get Sent to Collections?
  • How Checking Accounts Become Overdrawn
  • Ways to Avoid an Overdrawn Checking AccountThe Collection Process and Consequences for Overdrawn Accounts
  • What Is the Statute of Limitations on Collecting Overdrawn Bank Account Debt?
  • Wrapping Up

Do Overdrawn Bank Accounts Get Sent to Collections?

Bank accounts can and often do get sent to collections. If you overdraw your checking, savings or money market account and don’t deposit the funds to repay the overage in a timely manner, the bank can send the account to its collection department or a debt collector.

How Checking Accounts Become Overdrawn

Overdraft Fees

You’re charged an overdraft fee when the value of the items presented for payment costs more than the available funds in your checking account. Overdraft fees typically range between $25 and $35. If your bank covers the overdraft item, you’ll have to pay back the total overdrawn plus the fee to bring your balance back in line.

For example, if you have $50 in your account and use your debit card for a $100 purchase, your bank might choose to honor the payment while also charging a $25 fee. That means you’re now $75 overdrawn and you owe that money back to your bank.

Non-Sufficient Funds (NSF)

Banks charge a non-sufficient funds fee if an item is presented for payment and funds are not available. Though this amount might be less than an overdraft fee, these “return fees” continue to add up. Each new item presented for payment while your checking account is negative incurs a non-sufficient funds fee.

Other Fees

If you’re not aware of the monthly or extra fees that your bank charges, you may not have enough in your account to pay them. The bank will still debit the fees, however, which can put your account balance in the red. Here are some common fees to be aware of:

Ways to Avoid an Overdrawn Checking Account

You can reduce the chances of overdrawing balances by checking your account regularly and keeping an eye on the transactions, deposits and fees that are coming through. Other tips to avoid overdrawing your checking account include:

The Collection Process and Consequences for Overdrawn Accounts

Understanding what happens when your bank account goes to collections can ensure you know what steps to take to fix it and how to keep it from happening again. It’s important not to assume that your bank will justcharge off the debt.

What Happens When Your Bank Account Goes to Collections?

Once an overdrawn checking account is closed, it’s usually sent to a bank’s collections department. Sometimes the bankhires a debt collection firmto help recover these funds.

Can an Overdrawn Bank Account Be Sent to Collections? (2)

Can You Get a New Checking Account If You Owe Your Current Bank?

Collections departments also will often put your checking account into ChexSystems, which maintains a record of delinquent bank accounts. Many banks check this service before allowing customers to open new accounts. If you have overdrawn accounts, unpaid balances or a history ofbounced checks, it can impair your ability to open new accounts.

Does an Overdrawn Bank Balance Hurt Your Credit?

Simply overdrawing your account won’t hurt your credit if you take care of the issue right away. However, overdrawn balances that are sent to collections can also show up on credit reports as negative items. This can reduce your credit score and make credit harder or more expensive to get.

Can a Bank Sue You for an Overdrawn Account?

If you don’t know about an overdrawn account or ignore it, the bank could eventually take legal action against you. The amount your account is overdrawn is a legal debt you owe, which means the bank can sue you and use legal remedies such as wage garnishment to get the money.

How Do You Get a Bank Account Out of Collections?

In general, you need to pay the balance of the debt to get any account out of collections. If the account is in the bank’s department of collections, you may be able to just deposit funds into the account to cover the amount you owe the bank. For example, if the account is overdrawn by $90, you might deposit $100.

An old account can present some challenges, though. If an old account has a negative balance you haven’t addressed, the bank may have closed the account and sent the debt to collections. The process is known as a charge-off, and your bank usually initiates this after your account has been past due for a period of around 60 to 90 days. You’ll have to pay the debt collection company to get the account to paid standing.

What Is the Statute of Limitations on Collecting Overdrawn Bank Account Debt?

Once your overdrawn bank account enters collections, there’s a specified amount of time during which a bank or debt collection agency can sue you. The window of time for legal action is referred to as thestatute of limitations.

Bank debts are considered unsecured debts, and the time frame in which you can be sued varies by state. After this period, your debt becomes time-barred, which means you still owe the amount but you can no longer be sued.

If a bank or collection agency tries to sue you after the statute of limitations is up, you should seek legal help. The statute of limitations is often between 3 and 10 years and starts from your last payment date. If you make a payment on a charged-off account, it resets your statute of limitations.

The statute of limitations is not the same as the amount of time your debt appears on your credit report. The reporting period is set by the federal government and determines how long the record of your bank charge-off will stay on your credit report. In most cases, debts are removed from your credit report after seven years.

Wrapping Up

Overdrawn checking accounts can cause long-term problems if not taken care of as soon as possible. These accounts are referred to credit reporting agencies, and they can affect your credit for years. Your debt can also be sold to third parties that might resort to extreme measures to receive payment. It’s usually best to resolve your balance before it goes to collections whenever possible.

Unsure whether you have an old bank account lurking? Sign up forExtraCreditto keep an eye on your reports and scores so you know when a collections account might be dragging things down. As an ExtraCredit member, you also get discounts on services, including credit repair from one of the leaders in credit repair service, to help you take control of your financial life now and in the future.

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    Can an Overdrawn Bank Account Be Sent to Collections? (2024)

    FAQs

    Can an Overdrawn Bank Account Be Sent to Collections? ›

    You can't get in trouble for overdrawing your account but you may face fees, which could lead to financial difficulty. Your bank may close your account and may send you to collections until you repay the balance.

    What happens if I don't pay my overdrawn bank account? ›

    Bank Account Closure

    If you repeatedly overdraft your account and do not pay the fees, the bank may close your account, making it difficult for you to access your funds and open a new account at another bank.

    What happens if your account is overdrawn for too long? ›

    If you have a negative bank account, that means you've taken out more money than was available in the account. Letting an account go negative can be costly, because banks charge fees when this happens. And your bank could close your account if it stays negative for too long.

    What type of bank account Cannot be garnished? ›

    Some sources of income are considered protected in account garnishment, including: Social Security, and other government benefits or payments. Funds received for child support or alimony (spousal support) Workers' compensation payments.

    How long does it take for a bank account to go to collections? ›

    There's 'no set rule' on how long it takes for your debt to go to collections. Six months is the general guideline, but according to Eweka there is “no set rule” on how many times you'll get a phone call or letter before your debt is turned over to an agency.

    What happens if you can't pay back overdraft? ›

    Not paying back your arranged overdraft may lead to large interest charges. If you can't pay it back, your provider may withdraw your arranged overdraft and ask for full repayment. This could also affect your credit score.

    What happens if a company has overdrawn its bank balance? ›

    If a company has overdrawn its bank balance, the company has withdrawn more than what it has deposited. The excess withdrawn comes from the fund of the bank and the excess is a liability. This transaction will cause the cash balance of the company to be negative and the cash account to have a credit balance.

    How long can you leave a bank account overdrawn? ›

    How long do banks give you to pay overdraft fees before closing your account? Usually 30 days. Banks don't like you to overdraft your account, that's why they charge high fees.

    How long can your bank account be overdrawn before they close it? ›

    Generally, the bank will not close a checking account that is in an overdraft status. Such an account will be kept open until it is brought current.

    How long can you stay in overdraft? ›

    If a payment takes you into any arranged overdraft, you have until the end of the day to pay money into your account to avoid daily arranged overdraft interest for that day.

    Which states prohibit bank account garnishment? ›

    What States Prohibit Bank Garnishment? Bank garnishment is legal in all 50 states. However, four states prohibit wage garnishment for consumer debts. According to Debt.org, those states are Texas, South Carolina, Pennsylvania, and North Carolina.

    Can debt collectors see your bank account balance? ›

    Collection agencies can access your bank account, but only after a court judgment. A judgment, which typically follows a lawsuit, may permit a bank account or wage garnishment, meaning the collector can take money directly out of your account or from your wages to pay off your debt.

    Can a debt collector take money from your bank account? ›

    Can a debt collector access my bank account? Yes, a debt collector can take money that you owe them directly from your bank account, but they have to win a lawsuit first. This is known as garnishing. The debt collector would warn you before they begin a lawsuit.

    When can a bank send you to collections? ›

    Unpaid debt—funds you've borrowed and failed to repay—typically are sold to collection agencies around six months after your first missed payment. The types of debt that can go to collections include: Credit card balances. Student loans.

    How does a debt collector find your bank account? ›

    A judgment creditor will review any payments previously made by the debtor. If they have written you a check in the past, the check will have their bank's information. Or, if you've made a payment to the judgment creditor (such as a prior bill), they will be able to see where the payment came from.

    What happens if a bank sends you to collections? ›

    An account in collections is one of the biggest blows to your credit score. Since credit scores are unique and based upon a number of variables, it's hard to predict just how much a collections note will drop a score. According to FICO, the more recent a collection is, the more it will hurt your score.

    What happens if you owe the bank money and don't pay? ›

    If You Owe Money

    But if it looks like you won't pay, they will. The creditor will sell your debt to a collection agency for less than face value, and the collection agency will then try to collect the full debt from you. If you owe a debt, act quickly — preferably before it's sent to a collection agency.

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