Some background, I had a business that I am closing and during the process amassed a good amount of debt, my bank accounts are through bank of america and so is the credit card. This morning I woke up with $700+ taken from my business account (I am closing the business and have an outstanding checks of 700 they wiped me out), and also took almost $600 from my personal account shared with my wife. They completley cleaned me out and claim they have a right to b/c it says so in the card agreement, I am currently going to bankruptcy and have paid my lawyer and awaiting a case number. I feel like I got robbed and they are unwilling to give me my money back without a case number and I won%26#039;t have that for a few weeks and the money is lost forever even though I am claiming it in my bankruptcy is there anything that can be done? Any help/info appreciatied much.
Credit Card Company took money from my account?
Tough situation. Unfortunately, there is nothing you can do at this time. The creditors have what is called the%26quot;right of offset%26quot; where they have access to any asset account to pay for a debt in a liability account within the same financial institution. The BK itself may not even return the money. At best, it may just decrease the amount owed as determined by your assigned trustor.
Credit Card Company took money from my account?
They can do it- but it has to be said somewhere. Get a copy of the credit card agreement and your checking account agreement (thats where it usually says that if you have debt with them, the can take your money to apply it to cover some of the debt) Did you tell the bank that you would be filling bankruptcy? If you have paid a lawyer, therefore having a lawyer retained i dont think they can take it. They do need a case # because lots of ppl say they are filing and don%26#039;t really. Don%26#039;t call the bank and yell at them for taking it- it will just make them not want to give it back more. Tell your lawyer about this and see what he or she thinks is the best thing to do.
Credit Card Company took money from my account?
When you signed the agreements for the credit card and the bank accounts both business and personal, you agreed to let the bank do this should you fall behind on your credit card payments.
Credit Card Company took money from my account?
As long as you informed them you are filing for bankruptcy, they are not suppose to do any offsets even without a case #.. Your attorney should send a letter to the bank demanding that the funds be returned. In the future, never have your checking or saving account where you have a loan.
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