Bank has garnished account after 4 years

by Heidi

I had purchased a car for my exhusband and after we got divorced he left it on the side of the road and volentarily surrendered vehicle. I had no idea that this had happened. Since then I have opened bank accounts and owned a business that I sold. Upon selling it I put the deposit of $20000 into my account and a day later the bank took the money to pay off the loan,from the car debt. I received no notice and when I called they had wrong phone numbers and addresses for me. They were actually calling and sending letters to ex husband. I am now currently remarried and they basically took half of my husbands money because I aquired it while being,married. Can they do this? Do I have any case?

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Feb 10, 2012
Bank has garnished account after 4 years
by: Debtcollectionanswers


I am not an attorney so if you want a definitive answer to your question I recommend that you talk to a consumer law attorney who helps consumers with debt collection problems. However, based on what I know, the bank probably had the right to do what it did.

I assume that when you bought the car for your ex you financed it with a loan from the bank where your account is located. In such an instance, the bank has what is called the "right of offset." In other words, if you don't pay a debt that you owe to it, the bank can go into your account and take your money in order to get paid. For more information on the right of offset, read this,

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