What canI do if I made payment arrangements with a debt collector but they took the money out of my account on a different day than agreed?

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What canI do if I made payment arrangements with a debt collector but they took the money out of my account on a different day than agreed?

I have payment arrangements to come out on the 18th, this month they took it out on the 10th. What recourse do I have?

Asked on August 11, 2011 Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Technically, if there was an agreement, that's a contract; if they breached the contract, you could sue them over the breach. That's the law. Practically, unless you suffered some significant harm owing to their action (e.g. couldn't make a rent payment; were evicted or at least fighting an eviction action), then is nothing to sue for. When someone breaches a contract, the injured party's right is to sue for compensation commensurate with the harm done. If there was no harm done, then there's nothing you could recover in a lawsuit. Unfortunately, this is one of the times when a person's rights are violated, but there really isn't much, if anything, the person can do to vindicate those rights.


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