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  #1  
Old 02-06-2009, 09:54 AM
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collection agency taking extra


What is the name of your state (only U.S. law)? ohio

My friend received in the mail a notice that her bank account was going to be garnished. She called the collection agency to rectify the situation and paid them through an over the phone check. However, they still seem to have garnished her account. They pulled out money to turn her account negative. Now, they seem to not be returning her phone calls.
What are the options?
  #2  
Old 02-06-2009, 10:44 AM
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If the over the phone check cleared and the debt was completely satisfied as a result thereof, and then the collection agency garnished the accout, that would constitute a solid basis for a lawsuit. I would be surprised, however, if that is what really happened.
  #3  
Old 02-06-2009, 10:59 AM
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That is what happened. The collection agency is apologetic and claims she doesnt know what to do. They took an extra $2000 but I'm not sure if it would be worth the cost the hire an attorney to recoup that.
  #4  
Old 02-06-2009, 11:01 AM
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It is possible teh collection agency were waiting for the check to clear and they didnt stop the garnishment. It may be just so happened that the check cleared and garnishment went through the same day.
  #5  
Old 02-06-2009, 05:47 PM
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Well, you have 2K out there. My advice is to contact an attorney who might be willing to take this on a contingency basis. Plus, your state may allow you to recover attorney fees and other damages.
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