Legal Question in Credit and Debt Law in California

I entered into a debt settlement with an agency on behalf of GE Money/Chevron/Texaco. I had the agreement in writing stating that I could submit post dated payments online or mail them in. I mailed two post dated checks., both dated 9/3/11 and 10/3/11, both noted on the face of the check, "do not deposit before 9/3/11" and the other the same but with 10/3/11. When I checked my account next time, they had deposited both checks as soon as they received them and overdrawn my account. I have contacted GE Money and a supervisor there explained about the automated system and asked me to fax him a copy of the agreement saying that if the agency was offering to have postdated payments mailed to the PO box, it had to stop and he could arrange to get my funds back. I faxed the letter and have not been able to get an answer from him or anyone else since. What can I do? What recourse do I have since I have it in writing that I had that option? Thank you for your time.


Asked on 8/25/11, 4:35 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If only you had asked us before sending postdated checks to a collection agency.

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Answered on 8/25/11, 4:38 pm
Joe Marman Law Office of Joseph Marman

Sue them in small claims court. Don't expect an easy victory.

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Answered on 8/25/11, 7:09 pm


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