Legal Question in Credit and Debt Law in Wisconsin
I agreed to pay Allied Interstate Collection Agency $600 in December. I could not come up with the is the 3 week time span they allowed. I also told them they could withdraw $200 each month after that until debt was paid up. I have left 3 messages stating they were not authorized to withdraw funds from my checking account this month or anytime in the future and that I would mail them a check in the amount of $200 for December and each following month. They will not return my phone calls and removed the funds from my account today leaving me over $400 overdrawn. What can I do?
1 Answer from Attorneys
Never allow any organization to automatically debit your bank account, because it is a notoriously abused process which is very difficult to turn off once activated. If you have already done it, the easiest way to avoid more problems is probably to close the account and create a new one. Otherwise, the ACH {automatic clearing house) transfers which you set up are virtually the same as checks, meaning that they can indeed overdraw your account. Instead, you should consider online payments via your bank�s website, over which you can maintain control, which can also be set up so that they occur on a schedule. If you are having problems with creditors, you also probably owe it to yourself to at least have one free consultation with a bankruptcy attorney so that you can learn what alternatives are available to you. Even if you do not file, the attorney may be able to negotiate on your behalf threatening a bankruptcy in order to get you a reduction of your bills. My comments here are not legal advice, nor do they create an attorney client relationship between us. However more than welcome to contact my office to discuss retaining me or to set up a free initial consultation at my office in Racine. I also can sometimes arrange to travel outside of Racine for initial consultations if absolutely necessary.