Help!!!!!!!!!!!!11

[rustydad]

Good friend has run up credit card debt beyond his ability to
pay off for now. This is BofA credit card. He also has a BofA
checking account. The BofA took all of his money in the
checking account and applied it to the credit card balance
leaving him with a dozen or more bounced checks. Is this
legal?????? Seems like BS to me.  Bob

[kaygore]

1. Under the new credit card laws, goodness only knows what they can now do

He needs to see a lawyer.

[doublethink]

2. No Shit ????/

Get a lawyer like immediately !!!

[FloridaPat]

3. Yes it is, even under the old credit card laws. If he had declared

bankruptcy, they couldn't do it.

[napi21]

4. WOW, I didn't know that! A good reason never to have one of your own

bank's credit cards huh?

I really never heard that they could just swipe any funds out of your other accounts. Hmmm

[Dr.Phool]

5. I've never heard of a bank doing that before.

Now, they'll probably try to nail him with a lot of bounced check fees.
That totally sucks.

[happyslug]

6. Judgment been entered?

If a judgment has been entered, yes the bank can take the money from the bank account (Technically the Sheriff does it, but for the Judgment Holder).

If the Bank has a Judgment, his only solution is bankruptcy. See a lawyer

[Robert Oak]

7. he should read his credit card agreement

surely print so small he will need a magnifying glass plus a law dictionary and a whiteboard to write the multiple logic paths...

but it wouldn't surprise me that he agreed to this in the credit
card contract.

[Warpy]

8. They jumped the gun

because the bankruptcy law doesn't kick in for several months.

My advice is for your friend to cash his next paycheck and use part of it to pay for some advice from a paralegal about whether or not he can recover a robbed checking account (probably not) and how to get the whole bankruptcy deal going.

He needs to declare bankruptcy NOW, while he still has some protection, and before BofA garnishes his wages, leaving him on the street and unable to feed himself.

My advice to all the people reading this is GET RID OF THOSE CARDS NOW. Even if you're able to pay the balance every month, this economy is getting so hostile that you won't be able to down the road, and then they've got you.

[rustydad]

13. Irony

He is filling for bankruptcy and one of the bounced checks was to his lawyer who is doing his filing. bob

[fasttense]

9. I've had a credit card with the same bank that maintains my checking and

savings accounts for over 20 years. I've never had this happen. Did he give them his account info? Sometimes these thieves will tell you just give me your account info and I will only take a couple hundred. They end up taking everything in your account and you have to take them to court to get it back. Don't give them a back dated check either.

[many a good man]

10. Min payment only

I have BofA checking and cc. I'm pretty sure they can only take out the amount needed to pay the minimum monthly payment...

[fasttense]

11. Oh, that's how they got it. What they did wasn't quite legal

but that's Bank of America one of the most dishonest collection agencies in the world, aside from organized crime. Move everything out of BofA, and go see a lawyer.

[bemildred]

12. BofA sucks, spread the word. nt