Notice: We are still operating during the COVID-19 crisis. However, we are not allowing visitors to our office and most of our staff is operating remotely. Our attorneys and staff are still available to help you by phone and email. If you get our voice mail, please leave a message and it will be returned promptly. There may be delays with mail due to the crisis, so please try to send documents by email after submitting a contact form here or fax to 312-419-0379, if possible.

Statute of Limitations on Bank Overdraft

Overdrawn Bank Account Statute of Limitations

The statute of limitations is usually between 3 and 10 years and begins with your last payment date. The Illinois statute of limitations governs any claim against you if you are in Illinois. The relevant Illinois limitations period on an overdraft is 5 years. There are federal and state cases in point.

Watch Out For Scammers

If you are contacted, it is possible that the call is a scam. Wait and see if you get a "notice of debt" as required by the Fair Debt Collection Practice Act. It must be sent within 5 days of the first communication.

The caller probably violated the Fair Debt Collection Practices Act, although if they are a scammer they are not worth suing. You have debt collection rights!

Have a serious legal issue about an overdrawn account? Contact ECLG online or call (312) 626-3585 for a free initial consultation. Se Habla Español.