Jim
Orlando,#2Consumer Comment
Thu, August 23, 2012
You co-signed a bank loan. You have a checking account at the same bank. The other person on the loan walked out on their responsibilities and stuck you with the account. (Nice friend!). The bank then took money out of your checking account to pay the loan. Is that what happened? First, this is NOT a garnishment action. To "garnish wages" the lender must first file suit against you and obtain judgement. What has apparently happened here is the bank exercized its "right to offset" procedure which allows then to seize money in any accounts owned by the borrower when the borrower is in default of the loan. As a co-signer on a loan contract, you are just as much on the hook as is the other person. The "right to offset" provision would have been written in the paperwork you received when you opened the account. When you agreed to having the account, you also agreed to "right to offset".