Legal Question in Credit and Debt Law in Missouri

Taking Money out of bank account

After my daughter defaulted on a cell phone contract my mother had signed for mom took over making monthly payments to collection agency. We are not aware of any judgement against her, but they went ahead and took the balance out of her checking account $1200.00. Can they do that even if she was making payments? They must of got her account number off of her check.


Asked on 10/02/07, 11:47 am

1 Answer from Attorneys
Anthony Smith LawSmith

Re: Taking Money out of bank account

If she did not consent to the withdrawal, they would have to obtain a judgment and request a garnishemnt. If there is not judgment and she did not consent to the withdrawal, she needs to demand that the back redeposit the funds. Seh has only a short tiem to contest the entry on her account, so she must act quickly. It may require her filing a police report.

Good Luck

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Answered on 10/05/07, 9:55 pm


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