Legal Question in Credit and Debt Law in Texas
Creditor withdrew funds w/out permission
I owe funds to a certain creditor - initially they bullied me into giving them my checking account info over the phone - I NEVER gave them any check numbers to use, because they were to call me first when the funds were due and I was in turn to give them a check number to use to debit my account. After some thought I decided NOT to go this route (I did not trust them) and placed a stop payment on the dollar amount w/my bank (since no check numbers had been given). The creditor phoned me a week later and I told him I would overnight a payment and that I had cancelled the dollar amount w/my bank so they could not withdraw the funds - first he got really angry then said OK. I overnighted the funds. The next month I noticed that there was a large amount of money taken from my checking account - the creditor changed the dollar amount by 1 penny, and made up a check number (9001, where I was only in the 1700's in my checkbook). I called my bank and they placed the funds back in my account after I explained what the creditor did. Is there something I can do to this creditor to keep this from happenning - this seems quite fraudulent to me - making up a check number and such.
Please advise.
1 Answer from Attorneys
Re: Creditor withdrew funds w/out permission
if you did not give them permission in writing to debit your account, you are correct. Their practices violate federal and TX law. If you want to speak with me about representing you in this matter, please call me at 1-888--243-0560 or contact me by e-mail.