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lwpat, Attorney
Category: Legal
Satisfied Customers: 25384
Experience:  Actively practicing trial attorney
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I have a debt.. the bank put a hold on my account.. was told

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I have a debt.. the bank put a hold on my account.. was told they couldnt do that unless had a judgement or court order ..?? that seems the broke the law and my rights.

so if true they jumped the gun. without court order I have a case to sue??
Submitted: 2 years ago.
Category: Legal
Expert:  lwpat replied 2 years ago.
Thanks for using JA. I will do my best to answer your questions. DON’T FORGET, your deposit is not used to compensate me until you rate my service.

If it is true that the bank froze your account without just cause, then you would have a case against them for negligence. You have a right to know why your account has been frozen. Usually you would make a demand to the bank for information by way of a certified letter to their legal department.

If you think that you have been sued, then you can check at your local county courthouse to see if anything has been filed and entered as a judgment. The clerks there are usually nicer than those at the bank.

If there is a judgment and you did not know about it, you would have to file a motion to set it aside or vacate based on lack of service and also based on you having a defense to the debt.
Customer: replied 2 years ago.

no I was behind on a debt, they put a hold on my account and TOOK the 2 payments... I was told they could NOT do that unless was a judgement for that debt, or a court order. which THEY WAS NOT..I still have vehicle. they did not repo it. even though I owed them,shouldnt give them the right to bypass the law.and my rights?????

Customer: replied 2 years ago.

hello? so do I have a case for them freezing my account and takeing 2 payments. again everything Ive read and was told they Need court order..

Customer: replied 2 years ago.
Relist: Incomplete answer.
he resonded first then gave him more info. been waiting 45 mins never heard BACK!!!!
Expert:  lwpat replied 2 years ago.
Was your car loan with the bank?
Customer: replied 2 years ago.
Yes sir. But don't give them the right to violate my rights. And it is a business account. If customer gives me a check I have put it in to cash it. It's not my money. It's my customers money
Expert:  lwpat replied 2 years ago.
It understand but your relationship and that of your business account with the bank is controlled by whatever documents (contracts) that you have signed with the bank. You signed a contract with them when you opened the business account and another with them when you obtained the loan.

Normally when you obtain a loan from a bank and also have accounts at that bank there is a clause in the loan documents that allows the bank, as a private company and in accordance with the contract that you have signed, to take the payments from any account that you might have with that bank if you default on any payment. It does not matter that it is your customer's money, just that it is in the account.

You can review your loan document but that is a standard clause but it may be in the fine print. The only way to avoid it is to have your account at another bank. Sorry but under the contract, assuming the standard clause is in your contract, they do have the right to automatically garnish your account.

I always hate to give bad news but I try to provide excellent service by giving you the correct answer even if it is not the one you want to hear.
lwpat, Attorney
Category: Legal
Satisfied Customers: 25384
Experience: Actively practicing trial attorney
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