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Can money be taken out of my bank account without my knowledge by a collections law firm?

Jersey City, NJ |

I applied to a program( the college network) for my nursing degree. Where an automatic loan is approved but I cancelled as i got bad reviews and the was given wrong information. The program told me I could only cancel within 3 days of applying and that I was too late. I decided to pay for about 4 mths but called again to cancel and stop the payments. Its been 2 years, i never continued with the program and I get a summons by a collection law firm and they want me to pay $6000

Attorney Answers 4

Posted

You need to respond to the collection complaint. You may have a valid defense to their claim. The creditor cannot take anything out of your bank account without your permission until there is a judgment in favor of the creditor, but judgment will be entered if you do not contest. Your facts justify the advice and representation of an experienced consumer attorney. Often such an attorney is better known in the community as a bankruptcy attorney.

Best wishes for a favorable outcome, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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Posted

I agree with Attorney Sinclair. You need first to deal with the lawsuit, because if you don't and they win, THEN they can take money from your account. You may need an attorney local in your state.

This is general legal information, not intended to apply to your specific case. And I may not be licensed to practice in your particular state. Under Federal Law, I am a debt relief agent.

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1 comment

Daniel Anthony DeLiberty

Daniel Anthony DeLiberty

Posted

Many times collectors will threaten a garnishment and just skip over explaining the steps that must happen before that - 1) the lawsuit and 2) they have to win.

Posted

I agree with both previous attorneys. You can not ignore a complaint.

Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

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Posted

Feel free to call my office to discuss this, and we will try to direct you to an attorney who can help you in regrads to this. In my opinion, they are liable to you for violating two federal acts, the Fair Debt Collection Practices Act, and the Electronic Fund Transfer Act. They could owe you max $1000.00 for violations of the FDCPA, and max $1000.00 for violations of the EFTA. This could be leverage that you could use against them to negotiate a better payment plan, if there was any fraud involved in what they told you, it could be possible that the contract be found unenforceable. Don't hesistate to find legal representation, as what they have been doing seems completely unacceptable.

Please do not take my answer to be legal advice that would establish any attorney-client relationship. Please take it as a general response from my own experience in response to your question. I hope you find it helpful.

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