Can a collection agency remove money from my savings account after already signing a pay plan with a lawyer? 2 Answers as of February 19, 2014

A vehicle that was repossessed and still owed on buyer made agreement of payment to lawyer and co-signers money was removed from account.

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SmithMarco, P.C.
SmithMarco, P.C. | Larry P. Smith
It depends on the payment agreement made. I could help if I could see the agreement. Often these agreements provide for certain rights of the creditor if a payment was missed. If a payment is missed, they usually allow themselves the right to go back into court and treat this like an unpaid judgment. However, if you made a deal and are fully compliant with the deal, then they cannot do this, and the conduct likely violates the Fair Debt Collection Practices Act.
Answer Applies to: Illinois
Replied: 2/19/2014
Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
If the payment agreement would have resolved the debt, no; the removal of money may be a violation of the Fair Debt Collection Practices Act, among other things.
Answer Applies to: Illinois
Replied: 2/19/2014
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