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Hypothetical on banks ability to size cash

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    Question Hypothetical on banks ability to size cash

    Lets say that I may be filing in the next...months, and that I am about to default on a large loan. Can a bank size checking account assets without a court order, be it with that or any other bank?

    #2
    Banks usually have cross collateral language in their deposit and loan agreements, meaning they can seize assets in your deposit account with them to satisfy a delinquent credit with them. They can not, without a court order, levy or garnish accounts at other institutions.
    Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
    AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

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      #3
      Rule of thumb, do not bank where you owe money. The bank has the right to setoff. It can swipe your account held at that bank to cover a default on a debt owed to it.

      The bank cannot take funds out of an account that is located at another bank without obtaining a judgment.

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        #4
        Originally posted by ccsjoe View Post
        Banks usually have cross collateral language in their deposit and loan agreements, meaning they can seize assets in your deposit account with them to satisfy a delinquent credit with them. They can not, without a court order, levy or garnish accounts at other institutions.
        Thanks for the response!

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