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Loren, Attorney
Category: Legal
Satisfied Customers: 29021
Experience:  30 years experience representing clients.
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I settled with a debt collector paying the full amount. The

Customer Question

I settled with a debt collector paying the full amount. The issue is that i specified on the recorded message that it wasn't suppose to come out until the 15th. They took it out anyway and caused my account to overdrawn with fees. Now my family has no money until the 15th to buy every day items like groceries. Is there anything I can do legally?
Submitted: 12 months ago.
Category: Legal
Expert:  Loren replied 12 months ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 12 months ago.

What was the basis of the underlying debt?

Customer: replied 12 months ago.
credit card
Expert:  Loren replied 12 months ago.

I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Customer: replied 12 months ago.
i appreciate that. Hopefully you can help.
Expert:  Loren replied 12 months ago.

Unfortunately, without a written settlement agreement there is not really any way to force them to give you back the money. Especially, if you do not dispute the validity of the debt.

Debt collectors do not ever voluntarily give back money they have collected and their is nothing that you can do which will restore the money to your account.

If you were misled you can file a complaint with the state attorney general, but that will not be a quick resolution.

Expert:  Loren replied 12 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Customer: replied 12 months ago.
even if they have it recorded on the message they aren't liable?
Expert:  Loren replied 12 months ago.

Not if you do not dispute the debt.

Customer: replied 12 months ago.
How do i do that?
Customer: replied 12 months ago.
I have with the company and with my bank.
Expert:  Loren replied 12 months ago.

While you may have a dispute, it is unlikely to be resolved before 12/15. All you can do is keep calling the debt collector to see if they will restore the money. I would not hold out much hope though. They are not going to return money on a valid debt.