CA collecting a paid account

You could always close the checking account as a last resort.

 

#1 -- you need to be talking to someone more knowledgable at your bank.

#2 -- you are being defrauded. What's happening is fraud. Every dollar you pay them is damages. And you're entitled to 3x your damages back, and attorney's fees. Get an attorney and sue them. Naca.net would be a good place to start.

 

You can most definitely close your account for any reason. Just like you can take your banking business elsewhere.

Maybe you should explain that to your bank.

 

You might be careful...

It could be that the bank will not close the account immediately to let any pending transactions clear. If this automated withdrawal comes through, the OP could get stuck with NSF charges, overdraft charges, etc.

I don't know how all that works, but I wouldn't just assume you could close out and walk away. You would think that you could, but I've seen too much "fine print" lately to just assume that anymore.

I think the fraud lawsuit and possible criminal action would be the best (and most urgent) course of action.

 

Stealing money is still a crime. What you have to do, I guess, is find a way to show clearly that they are stealing your money and not just making a good faith mistake. Because you better believe it, if you sue them, they will claim it was just a mistake, they were watching TV when they read your accout, the dog ate their homework, whatever.

So I'd start by telling them to cut the hell out about taking money from your accounts. You paid them. You owe them nothing. They are taking your money for no reason, that's what I'd say. I'd send that certified and I'd have someone else post it who read it and is willing to declare under purjury that they sent the document.

Now if they continue to just take your money, you will need a lawyer. Tell the lawyer about the federal law, the FDCPA. This law has fee shifting provisions which allow the lawyer you hired to charge the collection agency for the costs of his lawsuit against them. This is only true if you win, so make sure you win. Also make sure that the lawyer you hire is OK with the idea that the "reasonable" fees are the only fees he'll charge.

People who steal money need to be stopped from doing that. This is something you should do if that's important to you. You could close your account or otherwise find ways to block these people. But they will do it to someone else, probably someone less capable of responding. I feel bad when I think about that.

 

Its crap like this that makes me want to put my money in a coffee can and bury it in the barn.

Start googling "RCK" transactions. You will have to educate your bank.

 

You need to be careful here, and do some homework...

As stated earlier, it would be certain that the CA claimed you "authorized" the electronic checks, as someone would say "how did they get the information in the first place?".

Second, the bank is "somewhat" correct, in that you cannot "close" an account knowing there are future pending transactions. The bank would also need some evidence that these withdrawals are illegal, hence they become a party to your avoiding an obligation (breach of contract).

However, the bank can be made aware of "suspicous" activity, and MUST react. State your issue to a higher level person.

You will need to investigate when this debt was paid in full, and forward copies of eveidence of full payment, along with evidence of current withdrawals to the CA. Make sure to send Certified Mail.

You have a case, you need to package it correctly.