Big Collection No-No

Sara settled a debt with a collector, and she gave him electronic access to her checking account. When she checked her account this morning, it was overdrawn $80. Does she have any recourse here?

QUESTION: Sara in California settled a debt earlier this year with a collector, and she gave him electronic access to her checking account. She has a receipt for the amount, but when she checked her account this morning, it was overdrawn $80. Does she have any recourse here? Dave has some bad news for her.

ANSWER: Nope, you have no recourse. You gave them electronic access to your account, and you owed them more than you settled for. It sounds like they still have not collected everything they are owed because they are lying scum. You will have to close your checking account and write yourself a note that says you just paid $532 to take a class on how not to deal with collectors.

If they took out more than you owe them, it’s possible to sue them. You might get some of your money back. But the bottom line is you left your house unlocked then tossed the keys, and thus full access, to the criminal—and you knew you were doing it. You just drove off and left the garage door open.

When I do something stupid that costs me money, I call it stupid tax. I’m afraid you’re going to pay some stupid tax. What I would tell you to do is call our group of attorneys that help with people who have violated the Federal Fair Debt Collection Practices Act.

You obviously have in writing a set amount and bank records that will prove that the correct amount was already deducted and another amount was deducted in addition to that, which makes it inappropriate. These attorneys may be able to sue on your behalf. They may be able to collect a bunch of things; I don’t know.

Go to collectionbully.com, fill out the stuff, and see if these attorneys can help you with this. This is why we tell people to never give a collector electronic access under any circumstances.

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