Is there any recourse against a payday loan companythat deposited a loan into my account without my accepting the loan?

UPDATED: Jan 13, 2012

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Is there any recourse against a payday loan companythat deposited a loan into my account without my accepting the loan?

When I realized this loan company had deposited to my account they had already taken out $180. I called them and the person I talked to said they would only take out the other $120 making up the original amount. I am now told there is no record of that conversation. I informed them on Monday my account would be closed Friday and they took out $90 that morning and 10 days before had taken out another $90. What can I do?

Asked on January 13, 2012 under Bankruptcy Law, New Mexico


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If some payday company is and has gotten access to your bank account without your authorization by first depositing money into it and then taking it out, you need to be aware that you might be the subject to a "scam" and contact your local police department as to what happened to you.

As to recourse against this payday loan company, you have the option of bringing a small claims court action against it, but you will have the difficulty of getting payment on any money that was improperly taken from your bank account. I would also have a conversation with the manager of the bank you are at as to why your money was allowed to be unilaterally taken by the payday company from your account.


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