Legal Question in Credit and Debt Law in Florida

Collection matter

Collection agency settled claim and after payment was made, withdres more money from copr check a/c. When asked as to why, the reason was ''mistake'' Could we have the additional funds back? NO!. Why? Client would object.

Is this legally allowable?


Asked on 8/16/07, 3:44 pm

2 Answers from Attorneys

Michael Stewart Michael D. Stewart

Re: Collection matter

You might have a case against them.

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Answered on 8/16/07, 6:05 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Collection matter

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If I understand your question properly, they do not have the right to withdraw additional funds from your account. They must return it to you immediately. If they don't you should seek the advice of an attorney who can then either write a demand letter to the collector or file suit against them on your behalf.

Scott R. Jay, Esq.

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Answered on 8/18/07, 6:11 pm


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