Legal Question in Credit and Debt Law in Texas
Illegal bank draft
To assist my son with a debt collector, I authorized collector to draft my account $50/month for 6 months.
Collector was notified in person of my plan to change banks and to halt any drafts on current account.
Collector drafted old account for balance of debt owed ($398.00) without my permission.
Collector threatened me with jail for writing "hot check" (telephone call).
I wrote letter requesting proof of authorization to draft closed account.
No response from collector.
How do I protect myself? How do I find out if there is now a warrant for my arrest for writing a check on a closed account?
1 Answer from Attorneys
Re: Illegal bank draft
1. Your actions described does not seem to qualify as writing a hot check as that term is defined in the Tex. Penal Code.
2. Send a certified mail letter to collector stating that he/she/it should stop making threats of some kind of criminal action against you as a means of collecting a debt.
3. Get your son to pay off this relatively small amount and obtain a release of himself and yourself from the creditor.
4. Check with the credit bureau to see if you have an adverse credit report against you and challenge it, if you do.
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