What happens if an automatic payment is taken out of your account after a creditor has been told to stop?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What happens if an automatic payment is taken out of your account after a creditor has been told to stop?

I once had it set up for payments for my father’s credit card payment to come from my checking account. I canceled it and 1 1/2months later they took the payment out of my account after I instructed them that I no longer wanted it that way. No one gave them permission to do this. Do I have a case?

Asked on November 3, 2010 under General Practice, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Once automatic payments start they are very difficult to stop.  You say that you notified the credit card company to cease the withdrawls.  Did you do so in writing?  I would do so again.  And you need to notify your bank as well, although itdoes not always work to stop them. Additionally, it sometimes takes a few billing cycles to stop the automatic withdrawls.  The paperwork you signed originally may have that information i it.  Do you have the original paperwork?  Your rights are outlined in it.  And I hope that you have power of attorney for your Father to be doing all this.  If not then Dad has to sign the letters himself.  You ask if you have a "case". For what? To sue them for the money? It really all depends on the contract you signed which needs to be read.  Good luck. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption