Legal Question in Credit and Debt Law in Wisconsin
my business is currently behind on it's note payments. we have been served regarding this debt. we got our tax return and the bank manager where we have the business note took the money out of my account without notifying or asking me. is he within his rights? don't htey haveto go through the proper (legal) proceedings to just TAKE money out of my account?
1 Answer from Attorneys
Odds are that you gave the bank the right to sweep your accounts if you fell behind in your payments back when you signed your promissory notes and security agreements with them. You waived any right to legal process in your agreements, in all likelihood, and these rights probably apply to personal accounts as well as business accounts. However, if the bank is under secured received more that other unsecured creditors would have received due to the seizure, you may be able to get the money back by filing a bankruptcy within 90 days of the transfer. This right exists under "preferential transfer" rules. In any event, anybody experiencing financial problems owes it to themselves to at least take advantage of an initial free consultation with a bankruptcy lawyer, who might be able to do a lot of additional good for you and your family is this scenario. My comments here are not intended as legal advice, unless you subsequently retain me and revisit this issue with me. These public comments in this online forum do not create any attorney client relationship with anyone.
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