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I have a friend who just had an organization remove money from his checking account without any verbal or written authorization from him. The money was for a debt that he owed and was paying regularly on.
Is it possible for this to legally happen? He had no notification, warnings, or correspondence whatsoever (hard to believe, I know). There could only be a few instances where that would be possible. Does anyone know what they are? |
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If there has been a prior judgment against him, the creditor may have the ability to garnish wages and bank accounts. I believe there are limits to the amount (a percentage) which they can garnish, but that doesn't seem to stop them. If he had a notification of a court date that he did not attend, they would have been awarded a judgment in his absence.
I would recommend opening a new account at another financial institution and then make payments with cashier checks or money orders from a store. Never give them your account information unless ordered to do so by a judge, and never authorize any payments to be withdrawn from the new account. Make payments as arranged, and on time, so that they have no recourse in court. |
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I know the government loves to take money after tax time... so many angry people and not much to do to help them
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Never sign intellectual property agreements... |
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If you make a payment using a check over the phone, or bank info with check #.... many companies "bill and collect" directly into your account without a problem. Seen it a lot of times.
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Companies can bill you anytime, go to your bank and tell them it was an "unauthorized charge" you fill out some paper work and maybe your friend will get his money back. Also it may be a good idea to dispute this with the company. Good luck.
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Key thing to note here is that any check you write contains all the info they need to initiate transactions with your bank, so opening a new account only works if you use a cashier's check/money order. In any case, without your authorization or court order, the withdrawal was illegal, even if you were behind on payments.
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I have to agree that this sort of withdrawl is illegal. You def. need a court order and other authorization to perform a transaction of this nature.
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New graduate with an emphasis in debt counseling. |
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