Legal Question in Credit and Debt Law in California
Capital One Collection Practice
About 7 years ago, My Capital Account went into a collection account. I've received several letters from various collection agency that the money is due. I did not do anyting with it. About few days ago, There was a debit on my bank account for $123.27 debited by telephone check payment. I am disputing this amount with my bank since I technically do not have Capital One credit card but they are saying that supposedly I called (which is not true by the way) Capital One or some third party to make a payment on whos account I have no idea. Today, there was a debit check from Capital One debiting $262.50. Can they illegally tap into my bank account to take out the money? I never signed or authorized anybody to do this.
2 Answers from Attorneys
Re: Collection Practice
They can't take your money out without prior authorization from you (which may have happened when you signed up for the card, but is not typical). You'll need to dispute this with your bank so you can get the money returned, and you also may want to see an attorney about contacting the credit card company--I suspect the statute of limitations has passed on the time that they had to sue you to collect the debt.
Re: Capital One Collection Practice
Normally, one cannot attach a bank account without a judgment. If you fax all paperwork you have including collection company's letters to 714 363 0229 and include your phone number, we can explain your rights to you.
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