I have over paid a debt collector can i get my money back?
405735
You can get your money back - In fact, if you no longer owe anything on the account, they will mail it to you. They cannot keep it, especially due to being audited.\n\nHowever, if you still owe on the debt, it's unlikely you will get it back. They will apply it to the principal on the account.
392613
no such thing as overcharged. they can charge what ever they want. If you were mis-charged, then talk with whoever did your taxes
491605
Hello!?!?  You owe them money!  To get them to stop calling, PAY IT!!  Just because you didn't publish your phone number doesn't mean you're no longer liable!\n\nP.S. The answer about the collection agency is not right.  It may have been in your original written agreement that you would still be liable after the debt was sold.
883601
try stop the bank transfer NOW then call police they can trace this kinda thing  and you  should be covered for a refund from your bank depending on the bank you are in they cover loses
1038472
yes ask for it back! it is yours! People should pay off what they owe and should stand by there word!
793989
First read ugottafriend4life's answer again and follow it.  You may be able to add it to your BK.\n\nNext...VERY IMPORTANT!  Is this the first collection letter you got?  It should have a statement telling you that you have 30 days to dispute the debt.  \n\nSend them a dispute letter and demand validation.  That will buy you some time to look into the BK filing.  It also places a "stay" on the collector preventing him from placing anything on your credit report.  By law, he can not proceed with collection activities until he validates this debt.\n\nDuring this time you can negotiate with either the doctor's office (preferred) or the collector.  But demand IN WRITING that in exchange for payment they must not place anything on your credit report.  Does it make any sense to you to pay the bill and still have your credit messed up by these jerks?  If they sue you, the judgement stays on your credit report for 10 years, same as the BK report.  So they really can't do much harm to you.  But if they want your money then make them give you something in return!
370474
Somtimes talking to the bank will get them to quit charging you additional overdraft fees.  But, getting a loan or advance is probably the best option (if that is possible).  Next time, read some of the fine print before using any card then you won't be in this mess again.
751722
Call your credit card company immediately and have that card cancelled and a new one issued.  Yes, they can take all the balance.
457309
Yes.  What the company that charged off the credit card did, was to sell your contract (account) to the collection agency/attorney that is calling you.  They can take you to court and sue for a judgment against you.  If you own a house they can put a lien on it. They can also demand $35 a week (or the sum the judge says) until the debt is payed off. Or, attach your wages.\n\nYou do have rights regarding their right to call.  You could call your State Attorney General to find out your rights.  (I know, after a while you want to disconnect the phone and except calls from no one.  I found it very depressing.)\n\nThe best thing is to eventually negotiate a settlement with them.  I think it is better to do this before it goes to judgment.  Also, Stay up with the court procedures.  As soon as you get served go to the Court house and fill out the form "Appearance".  I think if you look like a fighter they will be more willing to negotiate to a lower settlement.\n\nI got a lot of help from:\n\nwww.creditinfocenter.com\n\nGood luck!
474397
Contact their client (the company you owed) and request to totally clear the account/bill. \n\nI've done this before with BMG Music. i cancelled my account and return the CD, so I really don't have to pay. the collection agency keeps on sending mails but contacting BMG fixed everything.
1140809
No. The new contract supercedes the previous contract. This is called a "novation." You were smart to exercise the 3 day cancellation clause. In your original contract, towards the end, there should be a clause in there that states that this new contract supercedes any other previous agreements. I would also contact the attorney general's office to have them look into this. Don't sweat it, they won't sue you. However, they'll try to get your credit. If this comes up, contact the credit agencies and tell them the debt is in dispute. You may have to hire an attorney at that point to clear things up, invoking your local "Deceptive Trade Practices" statute. . .btw, they usually have statutory attorney's fees built in.\nAlso, if they keep calling and harassing you, inform them that they are not to call you anymore. If they keep calling you, then they're under the "Fair Debt Collection Act." Under that Act, if you tell them not to call you, they have to stop and can only send you mail. \nGood luck!
644911
The advice to call the FTC, or your Representative or Senator....please don't waste your time.  What a crappy bit of advice!\n\nNot sure what the insurance company is doing, start by calling them and get info.\n\nBut you did say you have proof the bill was paid, so lets go along that angle.  Paul M is correct, you simply need to read the Fair Debt Collections Act and the Fair Credit Reporting Act.\n\nFollow my instructions....I've played this game before and it will work for you.\n\nSend a "demand to validate" letter to the collection agency.  Use the sample letter below.  By law, they have 30 days to send you proof that you owe this debt.  That includes contracts, bills, receipts, and everything used to calculate what they claim you owe.  Also include a cease and desist notation in the letter so they stop calling you and bothering you.\n\nSend a letter detailing your dispute to the credit reporting agencies that are listing this debt.  By law, they must investigate this.\n\nIf the collection agent does not validate this debt, send a copy of the VOD to the credit agency, along with another demand to remove the listing.  \n\nIf they still do not remove this listing, you have an excellent small claims suit against both of them for listing unvalidated debts on your credit report.  You can sue them for $1000 each, and you WILL win.  I've done it, it works!\n\nContact me if you need any help or advice.
769671
CheckSmart is feeding you a line of bull$h!t.  As long as you are making a reasonable effort to pay off a just debt they CANNOT turn you over for collection (under the Fair Debt Collection Act)and they sure as heck CANNOT have a warrant issued for your arrest if they can't prove that you deliberately committed bank fraud.  \n\nHere's what you do:  Get the name, address, telephone number, and FAX number of the manager of the Columbus CheckSmart office.  Write him/her personally and explain the situation.  Be sure to FAX a copy to them ASAP and make sure you keep a copy of the letter.  Let them know that you're willing to pay the debt but you simply can't hand over that kind of money right now because you got scammed out of a huge chunk of money yourself.  Send the original via UPS or FedEx so you can ensure your letter makes it there before noon on Friday.  If you don't hear from the manager by Friday, call on Monday and ask to speak to him/her.  If this person is not willing to accommodate you, that's when you start playing hard-ball.\n\nIf the manager says he/she is going to get a warrant sworn out for your arrest, then tell him/her your lawyer will be in court the very next day filing a damages lawsuit against CheckSmart for wrongful prosecution, and that he/she will be named as one of the defendants in the suit.  \n\nIf the manager demands payment in full, tell him/her that you will pay what you can on a schedule but that's all you can do.  \n\nIf he/she tells you that's not acceptable, your reply is that you're not asking -- you're telling him what you can and will do and he/she will just have to live with it.  And if he/she has a problem with it, encourage him/her to read up on the Fair Debt Collection Act.\n\nYou should probably contact a lawyer as well.  Look in the Yellow Pages for attorneys that give free initial consultations.  You might get someone who will take your case pro bono (for free).\n\nGood luck!
657334
Yes, they can.  An overdrawn account is essentially a loan, so they can pursue any legal collection method to get the money back from you, plus penalties and interest.  And if they find proof that you intentionally overdrew the accounts, they might even file criminal charges against you for fraud or writing bad checks.
164940
Talk to the attorney that represented you in the bankruptcy. That is what he/she was paid for. Make sure this creditor was in the petition to discharge in the first place. If not then they have every right to pursue the matter further.
273814
A lot of collection agents like to pretend that they have filed a suit against you.  They even go as far as sending you a copy of the actual court papers (not yet filed with the courts) to scare you even more.  \n\nDid you know that it's against federal law for a collection agent to say he's going to sue you and not do it?  \n\nYou need to do two things right now!\n\n1.  Find out when the default on the credit card happened.  This is the actual date you became late on payments, NOT the last transaction that took place.\n\n2.  Go to the first link below.  It explains what the Statute of Limitations on debt is, and lists each state's SOL.  Your debt may be too old, and they can not legally recover it from you.\n\n3.  Read the next link.  It explains the Fair Dept Reporting Act.  In it you will find the part about what Debt collecters can and can't do.  It gives you information on how to file a complaint.\n\n4.  Might be nice to contact a lawyer and see if he's interested in pursuing a nice settlement for you.  Split the cost with him as his incentive.  I know several in my area who do that.\n\nGood Luck
448390
When you've gone over your checking account's balance and not paid the overdraft fee.