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Personal guarantee biz loan

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    Personal guarantee biz loan

    Getting ready to file I thought I had a PG on a 50K loan because the bank seized a few bucks out of my account saying they had a right of setoff.

    I asked them to provide proof of the docs, they said it takes 4 days, nothing.

    Called again said had trouble finding any, give them another chance to research it, nothing.

    This is going on now 5 weeks speaking to managers supervisors etc.

    I thought I signed something, but I don't see anything in my papers either.

    They haven't been paid in over a year, not one notice.

    It was a SBA Chase bank loan. A few days ago received a notice that SBA paid off the note. No mention of PG.


    Any ideas

    #2
    I would move your bank account to a bank that you don't owe money to avoid the right to set off.

    Comment


      #3
      Originally posted by jimbo367 View Post
      Getting ready to file I thought I had a PG on a 50K loan because the bank seized a few bucks out of my account saying they had a right of setoff.

      I asked them to provide proof of the docs, they said it takes 4 days, nothing.

      Called again said had trouble finding any, give them another chance to research it, nothing.

      This is going on now 5 weeks speaking to managers supervisors etc.

      I thought I signed something, but I don't see anything in my papers either.

      They haven't been paid in over a year, not one notice.

      It was a SBA Chase bank loan. A few days ago received a notice that SBA paid off the note. No mention of PG.


      Any ideas
      I don't know how much a "few dollars" is..but if it was anything over a small claims filing fee, I would do that. File, and make them prove the setoff.
      Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
      I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

      Comment


        #4
        If it was an SBA loan, you can bet it was personally guaranteed. It sounds like the bank has wrote it off, but that doesn't mean you don't owe it; it goes to the SBA and whatever servicer they wish to use to collect it.

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