Legal Question in Credit and Debt Law in New Jersey

Creditor making unauthorized debits to bank account

In October of 2001, I cancelled service with a nationwide satellite TV system. Additionally they claimed that we owed them $167.00 for service after the cancellation. We refused to pay for service we no longer were receiving. My wife contested the charge with the companies billing department, who accepted the agument and sent us notification of our $0.00 balance via Western Union.

The Bill was then sent to collection, and we provided a copy of the Western Union to collection agency and had heard nothing from either the TV service or the collection agent until 12/19/2001 when the TV service debited our bank account for $66.00, twice on the same day. A inquirery to the TV service resulted in them stating that the $66.00 was an early cancellation penalty. They Had used our debit card information, used in a single previous transaction to enter our account. We never received a bill, nor did we authorize this debit...and as you can see they took out twice the amount quoted.

What recourse do I have in this case?


Asked on 12/30/01, 1:13 am

1 Answer from Attorneys
Glen Chulsky Law Office of Glen H. Chulsky

Re: Creditor making unauthorized debits to bank account

You could try putting your side of the events down in a letter which you send to the President of the Company or some other higher up. You should also immediately dispute the charge with your credit card company both in writing and over the phone. Ask them to produce proof that you authorized the withdrawal. If the collection agency actually made the withdrawal, they may have violated the Fair Debt Collection Practices Act.

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Answered on 12/30/01, 7:27 am


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