Legal Question in Consumer Law in North Carolina

I sent GMAC a check for $3500 in September. In November I had an overdraft pop up on my acct for the amt of 280. Went to my bank and was told GMAC was the one who drafted that payment. I called GMAC and they tell me they haven't received anything from me since August. I explained about my payoff payment of $3500 and they said they would investigate and call me back in 48hrs. In the meantime I go to my bank and get info and copies of the check I sent. The check is wrote out to GMAC with my acct # on the back its stamped by their processing center. GMAC never calls back so I call them and they ask for another 48hrs. I try to send them the copy of my check but they won't accept it saying they have to do their own investigation. They investigate the whole month of dec and call me back last week saying they found no record of it and have already started reposession I need to pay them $1000+ and cont monthly payments to avoid repo.

What are my options? I can't afford to do that, that's why I paid it off so I wouldn't have that bill? Please help me


Asked on 1/19/11, 10:11 am

1 Answer from Attorneys
Jeff Rosner Rosner Law Firm P.A.

I don't know if I follow but you should contact an attorney in your area.

If you paid them and they cashed it, there shouldn't be an issue. But your post seems to indicate that your account was overdrafted. I'm not sure what that means - did your bank pay the rest to GMAC or did GMAC not collect anything? If GMAC collected the $3,500.00 and that was the payoff, then I would sue them if they try to do anything.

- Jeff

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Answered on 1/24/11, 10:59 am


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