Legal Question in Credit and Debt Law in Wisconsin

Unathorized payment withdrawal from checking acct.

I set up a forbearance agreement with my mortgage company. I called back to cancel that and set up a new one to start the next month, but she told me I had to call back in Dec to set it up. She said she would go ahead and cancel the one that I had in place. That down payment that I agreed to was taken out anyway. It caused my checking acct to go severely negative and I was charged enormous bank fees. When I called the mortgage company (Citimortgage) to report the incident they said for me to fax in a copy of my bank statement showing the payment being withdrawn and any fees resulting from it and they would reimburse me within 24-48 hours. That was 10 days ago. When I call back now I keep getting the run around and am being told by some customer svc reps that I cannot get my money back because I was delinquent on the account. This should not be so because I cancelled the payment which was agreed to at the time that I did it. I talked to a customer svc manager who told me I should be entitiled to the refund, but everytime she says she's going to call me back she doesn't. What should I do from here? I am still getting fees for returned checks that are automatically paid from my account every month.


Asked on 12/11/08, 9:49 am

1 Answer from Attorneys

JAY Nixon nixon law offices

ACH (Automatic Clearing House) Cancelation, Unauthorized Withdrawals from Checking

Once they are set up, ACH (Automatic Clearing House) Withdrawals from Checking are extremely difficult to cancel. For that reason, I would recommend trying to avoid them at all costs. I also generally recommend to my clients that they close their accounts and start a new account. If your bank cannot promise you that the ACH will not effect your new account, go to a different bank or credit union. Suing anyone to whom you owe money, including a mortgage lender, may prove to be a waste of time, since they would have an offsetting claim for what you owe them. These online comments are not intended as legal advice; nor do they create any attorney-client relationship between us. Good luck!

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Answered on 12/12/08, 8:39 am


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