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Can CA's review checking/savings accounts for balances?


ferdilverdil
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Can a CA find out balance info on checking and/or savings accounts? I'm about to begin DV for my mother who we believe is not liable for a few accounts as she was only an AU. She is about to close on the sale of a house, and will have the money to the debts IF she is in fact legally responsible. My question is, while we fight the claims and or try to settle the debt, should she hold off on depositing the money into her accounts as it will be found and the CA's won't negotiate a settlement because the money is there? Or are bank account balances safe? Is any info safe with CA's? What about if the OC is also the bank where her accounts are, are those accounts any more likely to be discovered?

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Let's not talk what they can legally do, let's talk prudence. Banks have a "right of setoff" they can exercise, so it doesn't make sense to deposit the home sale proceeds in the same bank where one has an allegedly defaulted account.

Nobody is supposed to be looking at your bank accounts but you, absent a judgment (which allows them to do discovery on those things), however creditors are adept at the kind of rusing calls that violate Gramm-Leach-Bliley so the best choice might be a new account in a bank in a distant state that has no branches in your state.

If she's just an AU, she's not responsible, period. MBNA got hit pretty hard in court for pursuing someone in just such a scenario.

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