I would just write the bank/lawyer a letter stating that Mr. XYZ opened and managed that account without authorization from the organization and they should refer any charges to him and to please remove your organization's name from the account and any future correspondence.
Sounds like all previous "correspondence" was sent to the pres at his home address which (if I understood correctly) is the address for the account. That might be worth referencing.
Good luck and keep us posted. I'd like to know how it turns out.
We do not know what EIN or SSN he used. The bank will give us no information because our names were not on the account (but they want their late fees). I am assuming the late charges are for cell phones (for his family) that was automatically taken out monthly.
He left the school in debt because toward the end he was spending more than he was receiving. The school washed their hands of this matter as soon as the situation made front page of the newspaper. We had the treasurer at that time close the account immediately. I tried to explain to the lawyers office (that is trying to collect for the bank) that this was accrued by the past PTO President who was arrested for fraud. We have finally cleared up all past debts and this comes along. Any other advice?
First - is there still money in the account that belongs to the PTO?
If not, simply tell the bank that the account was opened by the individual without knowledge of the organization and for them to take up any disputes/penalty with him.
If, however, you are trying to get access to funds still residing in the account, you'll want to be careful to be more diplomatic. Have you talked to the representatives of the bank? Do they understand a crime was committed and that the person was prosecuted?
I can't imagine a bank not being willing to work with you once the situation is explained.
is there a lawyer in your school? You may want to get legal advice on this. Yes he used it as his own personal account, but it is in the school's PTO name,and he was a signer on the account, right? Do you still have an account at your former bank, maybe you can start there for advice. Good Luck
