Legal Question in Credit and Debt Law in California

Sueing My Bank-Collections Issue

Ive been a member of a credit union for10years.I have been in excellent standing w/them up until recently.My bank moved money($800.00)around in my accounts w/out my permission.They said it was do to 1 loan I had being in collections.I am claiming bankruptcy&had already sent out the proper documents from my lawyer.They told me they were still allowed to do that&there was no way of getting my money back.As of April 23, 2009 I was current on EVERYTHING.June 14,2009 w/out noticafication from my bank/collections they reposed my car.The repo company they used verbal assaulted me&physical assaulted my mother.When I called the bank all the info they had in their system was incorrect.They were stating I was over 85 days passed due (which was NOT the case).And my monthly bank statements informs me that I am in collections,cause their collections depart.doesnt send out notices/phone calls about being placed in collections.My last bank statement in May showed I was current on my payment!After specking with a rep they admitted I wasn�t 85 days passed due&there must have been a computer error on their end(I wasn�t not even 2months behind)They told me the only way I can get my car back is to pay the $17,500.00 loan in full.Is that right?


Asked on 6/25/09, 5:14 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

Re: Sueing My Bank-Collections Issue

If you have an attorney who is representing you in a bankruptcy proceeding, you need to speak with that person about what is or has happened. Only they have sufficient facts and information to really discuss this with you intelligently. If the bank took any of this action while in bankruptcy, it can be undone by the bankruptcy court. If it was prior to filing, you need to discuss with your attorney what your options are.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 6/25/09, 5:44 pm


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