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Question
Michelle, My partner and I opened a business a LLC. in Orlando, Fl. when we opened I was the only one on the account a few month later he was added. At this time we asked about a secured business credit card thru bank of america. so we set up a secured savings account. The way it was set up it up was not accepted by the card company. So we went back to find out what happen. They said it was wrong so we did it again with the assistant manager and it was a 500.00 CD secured for the card. Then we had to go in again because it was not set up write again so this time the branch manager set it up with the same 500.00 dollar CD again. this time we got the card. So now a year later my partner and I shut down the business at this time i was told my partner would have to sign me off the accounts and he wouldn't do that. So since Feb of 2007 I've been trying to shut down the business credit card but they can't find the secured 500.00 CD. I'd didn't talk to anyone after July. On Jan. 3, 2008 I spoke to the card company. At this time once again nobody knows were the CD is. In July on the phone said the total was 700.00 I said ok lets take the 500.00 CD and I would put the rest of it on my debit card. On Jan 7, 2008 they took 1038.64 out of my personal checking account.
What can I do about this?
Burnell,
If your partner won't sign off the account, I would check with an attorney and find out what your options are, bring your paperwork that you filled out to form your partnership as well as any bills or debts that are owed under the partnership.
You should have some kind of paperwork to prove they have the $500, such as your cancelled check and a contract, you can sue them for that money using those documents, maybe even in small claims court because of the dollar amount.
How did they get your bank information to withdraw $1038.64 out of your account, they would HAVE to have authorization. Include that in your small claims case.
Good luck!
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Answers by Expert:
Michelle Dunn
Expertise
As one of the Top 5 Women in Collections, one of the Top 50 Collection Professionals, and winner of the Business Excellence award, I can answer any questions about debt, debt collection, improving business credit, creating a credit policy, enforcing a credit policy and collecting on past due accounts. I can also answer questions in regards to starting a debt collection agency since I have been a bill collector for over 24 years, started and ran my own collection agency for 8 years, and maintain my 12 year old Credit & Collections Association for members of the credit & debt collection industry. I am also the author of the popular and award winning book "Starting a Collection Agency, how to make money collecting money" now on it's 3rd edition. This book has won a the Writers Digest self published award as well as the New York Book Festival Award. I am a repeat contributor to the Wall Street Journal, and have been featured on NPR, CNN, as well as many other national radio and television programs. I have also been featured in national publications such as the Wall Street Journal, Forbes, Smart Money, MSNBC and much more. I have 17 published books to my name and am an accomplished speaker and consultant. I currently write 9 columns for newspapers, magazines and online portals worldwide.
Experience
I have over 24 years experience in debt collection, I started and ran my own collection agency for 8 years and I am the founder & owner of my Credit & Collections Association that I founded in 1998. www.credit-and-collections.com
Organizations
My Credit & Collections Association, I was also a member of the American Collectors Association and Plymouth Chamber of Commerce for 11 years. I am a member of many writing groups as well as my local Women Inspiring Women chapter. I am a member of Know More Media as an expert for their blog on business credit.
Publications
Business NH Magazine, Smart Money Magazine, MSNBC, CNN, Forbes.com, The Wall Street Journal, Home Business Magazine, Entrepreneur Magazine and website, many books, newspapers and television programs as well.
Education/Credentials
I have written 17 books in my collecting money series and one for Entrepreneur Press called the Ultimate Credit and Collections Handbook. My newest book is being published by John Wiley & Sons in May titled, The Guide to Getting Paid, how to weed out bad paying customers, collect on past due balances and avoid bad debt. This book is also being sold to many colleges as a text book.
Awards and Honors
My book Starting a Collection Agency, how to make money collecting money won an award from Writers Digest and the 2007 New York Book Festival in the "How to" category. I have won 2 awards from Dun & Bradstreet and Governor Jean Shaheen. I was nominated as one of the Top 5 Women in Collections twice as well as having been selected as one of Collection Advisor's Top 50 Collection Professionals by my peers.
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