Can the bank take my unemployment for a defaulted loan?
-
My husband had a loan through a bank in our home state of Wisconsin for a vehicle. We seperated and he stopped making the payments. It ended up being repossessed and even after being sold he still owed the bank on the loan. I understand my name is on it and I'm also responsible, my question lies in the legality of what the bank has done. When we seperated I got my own checking account at the same bank. I got quite a shock this past December when my unemployment checks started being taken. I contacted the bank and they said the balance went to debt collection and they were taking my money. They took every check I had in December and I almost got kicked out of my apartment. The bank said they tried to notify my spouse multiple times with no answer. Alot of good that did me since we dont speak. Now looking into the laws it seems that any state or federal benefits are exempt from debt collection, which my unemployment would fall under. How is the bank able to get around that or are they breaking the law? I accept my responsibilty for my name being on it and would have made arrangements, but they way they have gone about this has left me in a very bad spot. Do I have a case against them or are they within the law?
-
Answer:
It's perfectly legal. It's called cross collateralization and you agreed to it when you opened the bank account and signed the loan documents. This means they can pull funds from any account with your name on it to pay defaulted accounts. Makes no difference the source of the funds. The bank would not be able to garnish your unemployment check, even if they had a judgment. But once you deposited the checks in the bank account, it was fair game. Open a bank account at a different bank. They won't be able to take the funds from an account in a different bank.
Heather at Yahoo! Answers Visit the source
Other answers
Most bank loans have a clause that state they can take moneys deposited into their bank for debt collection. Find a new bank, you are legally responsible for the debt.
that took your money because you still had an account in that bank it was to easy for them to grab it..it also depends on what was written in the loan contract with you on it.. if you where a second party on it. sorry but you got bent over and took it like a trooper .. i don't think you got a case .the bank made sure they did a legal way before the took your checks,, sorry.
Related Q & A:
- Should I take a student loan?Best solution by Yahoo! Answers
- Does Anyone Know Where I can Consolidate a Private and a Federal Loan?Best solution by sofi.com
- How long will it take to close on a USDA loan?Best solution by Ask.com old
- How long will it take to process a student loan?Best solution by Yahoo! Answers
- Did you ever take out a student loan and are you glad you did?Best solution by Ask.Metafilter.Com
Just Added Q & A:
- How many active mobile subscribers are there in China?Best solution by Quora
- How to find the right vacation?Best solution by bookit.com
- How To Make Your Own Primer?Best solution by thekrazycouponlady.com
- How do you get the domain & range?Best solution by ChaCha
- How do you open pop up blockers?Best solution by Yahoo! Answers
For every problem there is a solution! Proved by Solucija.
-
Got an issue and looking for advice?
-
Ask Solucija to search every corner of the Web for help.
-
Get workable solutions and helpful tips in a moment.
Just ask Solucija about an issue you face and immediately get a list of ready solutions, answers and tips from other Internet users. We always provide the most suitable and complete answer to your question at the top, along with a few good alternatives below.