Legal Question in Credit and Debt Law in Florida

My son lives in Florida. My son lived in Colorado a few years ago and had an automobile that he could not pay for and turned it back to the finance company (GMAC). On his credit report it was showing as a charge off. On December 22, 2009 GMAC authorized his bank (Bank of America) to withdraw all of his money from his checking account. He has had no correspondence from GMAC since he returned the vehicle. Is there any recourse? Was this a legal transaction?


Asked on 12/30/09, 3:59 am

1 Answer from Attorneys
Angelo Marino Angelo Marino Jr. PA

Your son needs to do some investigation here. Was there a judgment entered against your son for the deficiency? Did he permit withdrawal of the funds by signing a document? Was this a garnishment? Generally, a creditor cannot automatically collect as you have described without some rignt to do so; otherwise it is a violaton of law. Want to know the law? Sign up for our free newsletter on varies areas of the law by sending an email to [email protected] and requesting the newsletter, or go to www.ConsumerLawyerHelp.com.

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Answered on 1/04/10, 6:58 am


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