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  1. #1
    Rhiannon10 is offline Junior Member
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    Unhappy bill collector taking money out of bank

    What is the name of your state? California
    I have a debt collector that says they are attorneys from back east trying to collect on an old debt. They bugged me enough at work so I agreed on $25.00 a paycheck which is $50.00 a month repayment. Told them that this is all I can afford to pay. The remaining balance is $569. I have already paid $250. But I just got a letter in the mail dated May 21st stating that they are taking the balance out of my checking account (they get paid directly from my checking account). I tried to put a stop payment on that series of check numbers but it may be too late. Can they do that without my authorization...I don't have my rent money now if they took that out of my checking account. Please give me some advice..
  2. #2
    justalayman is offline Senior Member
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    Quote Originally Posted by Rhiannon10 View Post
    I tried to put a stop payment on that series of check numbers but it may be too late. ..

    Please explain that statement. Did you give them post dated checks? or possibly checks but they were not post dated but merely had their promise they would hold them and deposit them one at a time at your understood arrangement?
  3. #3
    JETX is offline Senior Member
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    Quote Originally Posted by Rhiannon10 View Post
    Can they do that without my authorization.
    Presumably, you gave them the right to 'automatic draft' your account, correct??
    If so, then they are not supposed to... but it is done all the time. Talk with your bank.

    I don't have my rent money now if they took that out of my checking account.
    Sounds like they already did it, right?? If so, then it is very unlikely that you will be able to convince them to return the money.
  4. #4
    Shaye is offline Member
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    Unhappy

    My bank told me that a new federal law gives any company that you either write a paper check to, or authorize to take money out of your account electroniclly, now has the "authority" to go into your account, and remove any amount that you owe them. Check with your banker. I was told this late last year, so I don't know when the law was passed.
  5. #5
    debtcollector` is offline Senior Member
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    Quote Originally Posted by Shaye View Post
    My bank told me that a new federal law gives any company that you either write a paper check to, or authorize to take money out of your account electroniclly, now has the "authority" to go into your account, and remove any amount that you owe them. Check with your banker. I was told this late last year, so I don't know when the law was passed.
    That isn't true.

    OP you need to read and understand the FDCPA. There is a link in my signature. Read it.

    specifically: section 808. They cannot do what you said they told you. If they do, you have recourse.

    DC

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