Legal Question in Credit and Debt Law in Alabama

rights dealing with automatice withdrawals

oN 4/2/07, a business took money out of my checking account without notifing me prior to the transaction, without authority, they also were wrongful in doing so because it was not my debt to pay. I am upset due to this businesses lack of regret for doing this act, & they did not offer to pay me back for the fees I ending up with from my bank due to over withdrawal. They have effected my credit record due to this insodent. What if any steps can be taken against this business? What Federal banking laws and local consumer laws have they broke?


Asked on 4/10/07, 10:53 am

1 Answer from Attorneys
John Watts Watts Law Group, P.C.

Re: rights dealing with automatice withdrawals

What was the circumstance surrounding them taking it out? Was this a debt collector?

There are federal laws involving transfer of funds that would apply as well as the fair debt collection practices act if this was a debt collector.

Alabama state law may have been violated - there is a tort called "conversion" which is basically taking someone else's property and using it for your own benefit. Money is sometimes hard to fit under a conversion theory but we have been successful before.

How did this affect your credit report?

Feel free to contact me if you would like to discuss this.

John Watts

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Answered on 4/10/07, 1:15 pm


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