Legal Question in Consumer Law in Georgia

I am in Georgia. A creditor set up payment arangements with my spouse on her bank account. Since the credit was unable to get payment from her account they took the money out of my account. They were able to retrieve my bank information due to me making a payment for her 4 months ago. All payment arrangements are recorded and the supervoisor stated that they would listen to the tapes and get back with us. Now that they reviewed the tapes the cpompany is avoiding calls and we have left several messages. The representative the process the transaction is no longer employed with the company. What legal recourse can i take for unauthorized usage on my account against this comapny.


Asked on 11/24/09, 10:00 am

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Assuming you did not give them permission to charge your account, and you NEVER EVER give a creditor checking information, you might be able to sue them in small claims court. Do not ever talk to creditors by phone and never do a pay by phone with one. In the meantime, botyh of you need to change checking accounts and move them to new banks.

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Answered on 11/29/09, 12:05 pm
Paula McGill Attorney at Law

You need to talk with your bank about the unauthorized draw. Next, send a certified letter, return receipt to the bank to demand that they return the funds to your bank or you will move forward with legal action. Give them 3 weeks to return the money. This should give you results.

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Answered on 12/02/09, 3:45 pm


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