Legal Question in Credit and Debt Law in Georgia

can you take a company to court for continuely going into your banking account withdrawning money when you have to them to stop.

Asked on 2/01/12, 11:49 am

4 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

If they improperly took your money, maybe (we don't know that). Whether it is worth the expense, or whether there are better ways, is another issue. You'll get a much better response (and maybe a remedy) if you tell us the actual facts of what has happened.

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Answered on 2/01/12, 11:57 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Maybe. But why don't you simply close the account, open another, and end that problem?

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Answered on 2/01/12, 12:15 pm
Robert Kaiden Kaiden & Kaiden, LLC

You may have a case under the federal Electronic Funds Transfer Act and other consumer laws. I'd like to no more about this matter. Please feel free to contact me through our website at

Robert Kaiden, Esq.

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Answered on 2/01/12, 12:15 pm

Maybe, but probably not IF you authorized them to debt your account in the first place. But this all begs the question of WHY?

Telling this company to stop does no good. Unless you put it in writing and have proof, chances are this went nowhere. If you authorized a draft from your account, even if it was only for one time, then the company has your routing info and can draft whenever they feel like it, which they have done. Your bank will not help IF you authorized the transaction/debit in the first place.

Instead of posting here, what you should be doing is closing out your bank account. I would look to open an account at a friendlier place such as a credit union or online bank. Even if you love this bank, you need to shut down this account IMMEDIATELY. You must stop any auto-drafts (these are a bad bad idea anyway) and any direct deposits and have them routed to your new account. And don't put any more funds into this account either.

I am not a litigator and I don't believe in litigation for some kinds of things. This is one of them. I would not waste time, money and energy on a lawsuit unless there really is going to be a payoff at the end of the day to make suit worthwhile. For this reason, I suggest that you might want to take Attorney Kaiden up on his offer to get a consult to see if there is indeed a violation of the Electronic Funds Act.

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Answered on 2/01/12, 2:53 pm

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