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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Im The owner of a small business and have an account with

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I'm The owner of a small business and have an account with a large world known company whom I pay monthly by faxing a check for the amount of my account. In the last two years they have withdrawn from my account twice to the tune of several thousands dollars that paid another account with a similar name and took days to wire the money back to my account causing much stress and lack of funds to operate on.The last time was five months ago and they have still not refunded my overdraft fees.To me this is clearly unauthorized access.
Hi,

My name is XXXXX XXXXX I will be assisting you with your legal question.

I am surprised that the local attorney did not suggest any action. You certainly do have rights that are triggered here. If you have not signed an agreement to allow the company to simply make withdraws from your checking account, then this is fraud on the companies part. Further, even if there is some sort of agreement to allow the company to withdraw funds, this would still constitute negligence because clearly they are hitting your bank account for a third party's account and then are failing to immediately reimburse you the money.

Thus, the company is liable and responsible to you for any damages that you would incur as a result of the fraudulent and negligent withdraws. Further, the company could even be in violation of the contract you have with them, exposing them to a breach of contract claim which may trigger an award for attorney's fees under the terms of that contract.

My suggestion is to talk to another local attorney. The reality of the situation is that you may have to incur attorney's fees to recoup the amount of money that they have refused to pay back. That is why it would be important for you to take in your agreement between your business and the company to see if there are any rights to attorney's fees in case of a dispute.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am credited by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Kind regards,
Zachary
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