Legal Question in Credit and Debt Law in Georgia

Can I recover unauthorized charges to my credit card?

My wife handles payment of our accts so I do not see them. a credit card comp provided an unauthorized ''payment protection plan'' on myacct and my wife did not recognize this as an inapprop monthly charge. This went on for two years without my knowledge. I have disputed the charges with the credit card comp. and they have responded with the usual FCBA of 60 days but out of the goodness of their hearts credited back 3 mths worth $428.38. This is actually a fraudulent charge to my account by the credit card comp. itself. I know the game-bill them and see if they catch it and then we fall back on the FCBA(fair credit billing act). Unfortunately I fell prey to this because I do not see the billing statements as noted above. But I want all of my money back from these people and not just 3 mths worth. How can i accomplish this?


Asked on 1/04/05, 3:21 pm

1 Answer from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Can I recover unauthorized charges to my credit card?

It sounds to me that you have done all you can short of filing suite for the unauthorized charges. Depending on the amount, you can file suit in magistrate (small claims) court pro se (without representation) or with an attorney. I would recommend that you retain local counsel to assist you in filing suit in state or superior court if the amount is over $15,000.00.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 1/04/05, 4:16 pm


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