What can I do if a creditor that I am paying a debt to is not applying all my money to my account like they are supposed to?
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What can I do if a creditor that I am paying a debt to is not applying all my money to my account like they are supposed to?
I am paying a debt and the creditor states they are applying all of my payments to my account and the company is not. I have kept all my statements and each month the amount that is taken off from the debt is different. I believe the company is stealing. Legally what can I do?
Asked on August 3, 2012 under Bankruptcy Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You could sue the creditor: you could bring a lawsuit seeking what is known as a declaratory judgment, or a court determination of how much you owe. The court could also award you any overpayments you have made, and issue a court order (injunction) requiring them to fix their accounting.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You could sue the creditor: you could bring a lawsuit seeking what is known as a declaratory judgment, or a court determination of how much you owe. The court could also award you any overpayments you have made, and issue a court order (injunction) requiring them to fix their accounting.
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