Legal Question in Credit and Debt Law in Oregon

Unauthorized payment

An unauthorized payment was taken from my checking account,Is this illegal?What are my rights?

Asked on 3/14/07, 10:51 pm

1 Answer from Attorneys

Andrew Svitek Svitek Law Group, LLC

Re: Unauthorized payment

The first step is to verify all the fine print of whatever agreement you entered into to make sure that the payment is not authorized under one of the terms of the agreement.

The next step is to follow your bank's procedure to reverse the charge by submitting a request within 60 days for them to investigate the charge as being unauthorized.

The final step is to contact the party making the charge to request a reversal. If they fail to do so you can see an attorney to evaluate this case under applicable laws, including a possible case under the Electronic Funds Transfer Act, to see if you can recover your actual damages (and possibly treble damages - 3x), plus any punitives $100-$1,000.

You will also rethink any future business with this vendor/lender, I'm sure.

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Answered on 3/23/07, 3:36 am

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