June 19, 2013

Bank says woman’s charges on ex-boyfriend’s account were proper

A bank named in a Troy man’s lawsuit against his ex-girlfriend says the woman’s name was added to his account with his knowledge and any charges on the account were properly charged.

Andrew Harold Schmitt is suing a former girlfriend for allegedly using his identity to empty his bank account and buy a car without his consent.

Schmitt filed a lawsuit April 11 in Madison County Circuit Court against Melissa Turner, U.S. Bank, American Honda Finance Corporation and Bommarito North County Inc., formerly known as Bommarito Honda Inc. United Recovery Systems LP and Monarch Recovery Management Inc. are also named defendants.

U.S. Bank responded to the lawsuit May 22, stating that to the extent the plaintiff asserts any charges to his account were unauthorized, the plaintiff failed to timely review his account activity and notify U.S. Bank of allegedly unauthorized charges, so the plaintiff is now precluded from challenging such charges.

Schmitt says he dated Turner in 2011. According to the complaint, in August 2011, Turner took Schmitt’s social security card and obtained debit card privileges for his U.S. Bank account. Turner then allegedly depleted Schmitt’s account, charged additional purchases to it and left the account with a negative balance.

Turner is also accused of using Schmitt’s name and social security number to buy a 2011 Honda Fit Sport from Bommarito Honda. She allegedly financed the vehicle with a loan from American Honda Finance Corporation taken out in Schmitt’s name.

Schmitt claims he was unaware of the auto loan, the access to his bank account and the negative balance Turner allegedly created until agents of Bommarito Honda and American Honda Finance showed up at his home to repossess the Honda Fit Sport.

Schmitt is represented by attorney David M. Duree of O’Fallon.

Mike Bartolacci of Thompson Coburn in St. Louis represents U.S. Bank.

Brian McGovern of Chesterfield represents Bommarito North County.

The case is assigned to Madison County Circuit Judge William Mudge.

Madison County Circuit Court Case No. 13-L-585

madisonrecord.com

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