Legal??

[starwisher66]

What is the name of your state?What is the name of your state? NY

Is it legal for an attorney to obtain personal banking information for a relative so that said relative can threaten to seize the bank account?

 

[BelizeBreeze]

If you owe said relative money, damages, have lost a civil suit against said relative or have other judgements against you in favor of said relative, then HELL YES, it's perfectly legal.

 

[starwisher66]

Here are a few more details. Yes money is owed to the lawyers relative. We have been attemping to make payment arrangements with said relative. The lawyers relative is the one that told us that he would seize the bank account and gave specific banking information that had never been given to him. No legal action has been taken by the relative. Threat was made because the relative didn't like the payment arrangements we have been attemping to make.

One further detail is that payments were being made to this person until 7 days before threat was made. Relative didn't like the payment arrangements that had previously been made any longer so started threatening to get more.

 

[BelizeBreeze]

And your additional facts mean nothing. If you owe the money then either pay it in full, pay it according to what the person you owe the money to wants or wait to be sued and your account seized.

YOU don't get to make the conditions under which you repay monies owed. And if it goes to court you'll lose.

 

[HomeGuru]

Here are a few more details. Yes money is owed to the lawyers relative. We have been attemping to make payment arrangements with said relative. The lawyers relative is the one that told us that he would seize the bank account and gave specific banking information that had never been given to him. No legal action has been taken by the relative. Threat was made because the relative didn't like the payment arrangements we have been attemping to make.

One further detail is that payments were being made to this person until 7 days before threat was made. Relative didn't like the payment arrangements that had previously been made any longer so started threatening to get more.

**A: will you stop playing games. If I was the attorney, I could get the banking information directly from you under court order. Yes, by hauling in your butt to court under an examination of assets request. So pay up.

 

[starwisher66]

You don't have to be so nasty.

I was asking if it is legal to get and give out banking information prior to legal action.

I didn't think that you could give out personal information like that prior to legal action being taken. That is why I asked the question.

I was told by my bank that my banking information cannot be given out to just anyone that wants it or the bank is liable. So how can a lawyer obtain that information and give it out to a private individual prior to legal action being taken and won? Is that legal prior to court action being won?

 

[HomeGuru]

You don't have to be so nasty.

I was asking if it is legal to get and give out banking information prior to legal action.

I didn't think that you could give out personal information like that prior to legal action being taken. That is why I asked the question.

I was told by my bank that my banking information cannot be given out to just anyone that wants it or the bank is liable. So how can a lawyer obtain that information and give it out to a private individual prior to legal action being taken and won? Is that legal prior to court action being won?

**A: provide your full name and address and I can tell you what your SS# is and what bank accounts you have.

 

[starwisher66]

**A: will you stop playing games. If I was the attorney, I could get the banking information directly from you under court order. Yes, by hauling in your butt to court under an examination of assets request. So pay up.

The attorney is not the one that threatened us.

Payments were being made as per a previous agreement. The person didn't want to wait any longer and wanted to change the prior agreement and we saw no reason to change it. We were keeping to our agreement and as far as I knew you could not change a contract (verbal or written) without agreement of all parties involved.

My butt hasn't been hauled into court yet so how can that information be obtained?

Not everyone is a deadbeat. You shouldn't assume by my question that I was trying to get out of paying. I just didn't want to change a prior agreement, especially after being threatened.

 

[HomeGuru]

The attorney is not the one that threatened us.

Payments were being made as per a previous agreement. The person didn't want to wait any longer and wanted to change the prior agreement and we saw no reason to change it. We were keeping to our agreement and as far as I knew you could not change a contract (verbal or written) without agreement of all parties involved.

My butt hasn't been hauled into court yet so how can that information be obtained?

**A: you are correct in that if there is no litigation you are not at the mercy of the court. But there are ways to obtain the info.
*******
Not everyone is a deadbeat. You shouldn't assume by my question that I was trying to get out of paying. I just didn't want to change a prior agreement, especially after being threatened.

**A: sorry, then pay the entire amount you owe in FULL. The relative is not obligated to agree to any payment schedule.

 

[starwisher66]

**A: will you stop playing games. If I was the attorney, I could get the banking information directly from you under court order. Yes, by hauling in your butt to court under an examination of assets request. So pay up.

I am not playing games and you shouldn't assume that I am.

I had a prior verbal contract with the relative that I was abiding by. I believe that a contract cannot be changed without all parties consent unless there is a default in the agreement. There was no default. The person is just no longer happy with the agreement previously made and he wants to change it and I don't. So his way of trying to get me to change the agreement is to threaten with information that he should not have because there is no court order for that information.

I was paying up. You just assume that I wasn't.

 

[starwisher66]

And your additional facts mean nothing. If you owe the money then either pay it in full, pay it according to what the person you owe the money to wants or wait to be sued and your account seized.

YOU don't get to make the conditions under which you repay monies owed. And if it goes to court you'll lose.

I didn't made the conditions. I was keeping to my agreement with the person and they no longer liked the arrangement and THEY wanted to change the agreement. The person had accepted the prior agreement and it had been in place for over 90 days and they had been accepting payment according to the verbal contract. I had a verbal contract that they would receive a payment on the monies owed every 2 weeks and I never once defaulted.

If they take me to court and I prove that I was abiding by the verbal contract then how could that account be seized?

 

[starwisher66]

**A: sorry, then pay the entire amount you owe in FULL. The relative is not obligated to agree to any payment schedule.

They set the payment schedule and I had agreed to it and was fulfilling my obligation as per what they had wanted. The person just decided they wanted more and faster after over 90 days of their terms already being in effect. My agreement with them was that payment of predetermined amount were to be made every 2 weeks until paid in full. I made my payment as per the agreement and then 7 days later I was told pay it in full today or I will seize your bank account (specifics included on machine). I had not broken my agreement in any way so I was rather shocked at the message.

If the relative is the one that made the payment schedule to begin with then are they allowed to just change it because they feel like it. I thought I had a verbal contract with them. I thought that a contract (written or verbal) couldn't be changed without a meeting of the minds. There was no meeting about the change.

 

[HomeGuru]

They set the payment schedule and I had agreed to it and was fulfilling my obligation as per what they had wanted. The person just decided they wanted more and faster after over 90 days of their terms already being in effect. My agreement with them was that payment of predetermined amount were to be made every 2 weeks until paid in full. I made my payment as per the agreement and then 7 days later I was told pay it in full today or I will seize your bank account (specifics included on machine). I had not broken my agreement in any way so I was rather shocked at the message.

If the relative is the one that made the payment schedule to begin with then are they allowed to just change it because they feel like it. I thought I had a verbal contract with them. I thought that a contract (written or verbal) couldn't be changed without a meeting of the minds. There was no meeting about the change.

**A: stop thinking ok. That's what get's you in trouble. You thought this..... you thought that............How come you did not think about paying this debt in full at the time you should have? Verbal agreements can be changed all the time. Get over it.

 

[starwisher66]

**A: stop thinking ok. That's what get's you in trouble. You thought this..... you thought that............How come you did not think about paying this debt in full at the time you should have? Verbal agreements can be changed all the time. Get over it.

Why are you so nasty?

Don't credit cards and loans have a repayment schedule? I guess you think that everyone should buy a car, house or whatever in cash in full.

I had only wanted to know if it was legal for a lawyer to give out information to a private individual prior to legal action being taken.

You should have just answered the question only if you actually knew the answer and kept your opinions to yourself and I would have politely thanked you and been on my way thinking that you were knowledgeble, friendly and helpful.

 

[HomeGuru]

Why are you so nasty?

Don't credit cards and loans have a repayment schedule? I guess you think that everyone should buy a car, house or whatever in cash in full.

I had only wanted to know if it was legal for a lawyer to give out information to a private individual prior to legal action being taken.

You should have just answered the question only if you actually knew the answer and kept your opinions to yourself and I would have politely thanked you and been on my way thinking that you were knowledgeble, friendly and helpful.

**A: keep wishing upon a star then.