What legal action can I take against a debt collector for taking money out of my bank account without authorization?

Question Details:A creditor set up payment arrangements with my spouse on her bank account. Since the credit was unable to get payment from her account they took the money out of my account. They were able to retrieve my bank information due to me making a payment for her 4 months ago. All payment arrangements are recorded and the supervisor stated that they would listen to the tapes and get back with us. Now that they reviewed the tapes the company is avoiding calls and we have left several messages. What legal action can I take against the company?

Asked 5 years ago under Business | 2436 Views | More Legal Topics

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N. K., Member, Iowa and Illinois Bar | FreeAdvice Contributing Attorney Answered 5 years ago

Since I don't know what kind of payment arrangement was made between the creditor and your wife, I can't give you specific advise. I also don't know what the implication may be for you making a payment for your wife, i.e. did this result in the creditor assuming that you would be making the payments for your wife since she had no money in her account.

However, the recordings would be important to prove what the arrangements entailed and whether or not the creditor was authorized to take money from your bank account. You need an attorney to represent your interests, especially since it appears that the creditor is not going to be cooperative. You also need the attorney to obtain the recording so he/she can review it and determine if you have cause to bring a lawsuit against the creditor.

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