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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 28069
Experience:  Lawyer
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I returned a vechicle and after 6 years they have

Customer Question

i returned a vechicle and after 6 years they have startedcalling can they go in and take money out of my bank accountwithout going to court
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

If the money is owed to the same bank where you had the auto loan, yes, they can. That's because in the disclosures you agree to when you open an account, there is nearly always language that gives the bank what is called a right of offset - meaning that they reserve the right to take money out of one account when you owe them money on another. That's something a person agrees to when they open the account, so it is legal. However, you could ask them to produce evidence that they do have a right of offset. See if they can point you to where that information appears in the account opening documents. There is nothing to stop you from closing your bank account if they haven't attached the money in it yet.

If the money is owed to a different bank: no. They need a judgment to access your bank accounts.

In either case, check the exact that they took the car back involved. The statute of limitations in Tennessee for breach of contract is 6 years. If it's been even six years and one day since you last made a payment toward the loan or promised to pay, it is too late and they cannot take any legal action against you. If the repossession took place before Dec. 15, 2009, they're no longer entitled to collect by any means.

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