Legal Question in Credit and Debt Law in Wisconsin
overpaid settlement
I overpaid a credit card settlement by 900.00 which I was told i would get back, now they seemed to have changed their minds. Does the settlement letter the credit card company sent me for the new settlement dollar amount hold any legal weight to getting my money back? Or did I loose my $900.00?
1 Answer from Attorneys
Overpaid Settlement Compromise on Credit Card
You may be out of luck unless the credit card company does the right thing and returns the overpayment to you. In court, their claim to the money would be superior to yours since you admittedly owe it to them, in addition to the rest of the balance which was on your credit card when you reached the compromise payoff agreement with them. If you elected to withdraw from your agreement with them and demanded all of your money back, they would in turn have a right to sue you for the entire balance owed rather than the compromised figure. Also, you certainly could not litigate over $900.00 without spending far more than that in court costs and fees.