Legal Question in Credit and Debt Law in California
business owner needs help dealing with debt collector
Hello,
I am a small business owner who recently hired a collection agency (Agency)to collect NSF checks. The Agency withdraws money out of my customers' checking accounts w/o their consent. Do they have the right to do this? Is this going to ruin my customers credit? Can I just tell the Agency not to go after the customers anymore. Will doing this still hurt their credit? Can I just get all the checks back and deal with the customers instead? I really feel bad for my customers that have to go through this nightmare. Thanks.
1 Answer from Attorneys
Re: business owner needs help dealing with debt collector
From the information you have provided, it appears to me that what the agency is doing is extremely illegal. Yes, your customers' credit could be severly damaged, especially if they start bouncing checks. It appears you need a lawyer to write the agency notice to immediately cease and desist all unlawful conduct and tell them you are rescinding your contract with them based upon unlawful conduct by them. Of course, in order to properly advise you I would need to get more information from you.