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Safety Deposit Box
Sounds good will do.
Sent from my Stella Havkin's iPad
On Jun 6, 2013, at 8:46 PM, pat@fitzgreenlaw.com wrote:
> Stella: my understanding of setoff is that parties with mutual debts can set them off. Bank accounts are debts owed from the bank to the debtor, the bank owes a debt to the depositor and they offset the debt she owes them. The contents of the box are not a debt owed to the box owner. In addition to the suggestion to look at the agreement, the bank is probably a bailee for the contents of the box. Look at finance code 1620 et seq. which lays out the banks rights for non-payment of rent. It indicates the bank has the same rights as a warehouseman, which allows sale of items to pay rent. Unless the bank has an enforceable right under the contract for the box, you may want to consider an action for conversion against the bank or at least threaten it.
> Pat Green
>
> Sent from my Verizon Wireless BlackBerry
> Sender: cdcbaa@yahoogroups.com
> Date: Thu, 6 Jun 2013 18:54:54 -0700
> To: cdcbaa@yahoogroups.com
> ReplyTo: cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Safety Deposit Box
>
>
> We will have to get it.
>
> Sent from my Stella Havkin's IPhone
>
> On Jun 6, 2013, at 6:14 PM, stephenburtonlaw@yahoo.com wrote:
>
>>
>> I do not think they have the same kind of set off right to a box as they would an account at their bank. Is there a safety deposit box agreement?
>>
>> Sent via BlackBerry by AT&T
>> Sender: cdcbaa@yahoogroups.com
>> Date: Fri, 07 Jun 2013 01:02:12 -0000
>> To:
>> ReplyTo: cdcbaa@yahoogroups.com
>> Subject: [cdcbaa] Safety Deposit Box
>>
>>
>> My elderly client on social security has a debt which is owed to Chase dating back 15 years. They never sued her but they now issued a notice attaching the contents of her safety deposit box. The box has some jewelry worth about $10,000 which I can easily exempt. I know that banks have a set off against all assets located at the bank. If I were to file Chapter 7, can I avoid this set off or is this like a statutory lien which is unavoidable?
>>
>> Stella
>
>
havkinlaw@earthlink.net>
Sender: cdcbaa@yahoogroups.com
Date: Thu, 6 Jun 2013 18:54:54 -0700To: cdcbaa@yahoogroups.com<
The post was migrated from Yahoo.
We will have to get it.
Sent from my Stella Havkin's IPhone
On Jun 6, 2013, at 6:14 PM, stephenburtonlaw@yahoo.com wrote:
> I do not think they have the same kind of set off right to a box as they would an account at their bank. Is there a safety deposit box agreement?
>
> Sent via BlackBerry by AT&T
> Sender: cdcbaa@yahoogroups.com
> Date: Fri, 07 Jun 2013 01:02:12 -0000
> To:
> ReplyTo: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Safety Deposit Box
>
>
> My elderly client on social security has a debt which is owed to Chase dating back 15 years. They never sued her but they now issued a notice attaching the contents of her safety deposit box. The box has some jewelry worth about $10,000 which I can easily exempt. I know that banks have a set off against all assets located at the bank. If I were to file Chapter 7, can I avoid this set off or is this like a statutory lien which is unavoidable?
>
> Stella
>
>
The post was migrated from Yahoo.
I do not think they have the same kind of set off right to a box as they would an account at their bank. Is there a safety deposit box agreement? Sent via BlackBerry by AT&T
Sender: cdcbaa@yahoogroups.com
Date: Fri, 07 Jun 2013 01:02:12
To:
Reply-To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Safety Deposit Box
My elderly client on social security has a debt which is owed to Chase dating back 15 years. They never sued her but they now issued a notice attaching the contents of her safety deposit box. The box has some jewelry worth about $10,000 which I can easily exempt. I know that banks have a set off against all assets located at the bank. If I were to file Chapter 7, can I avoid this set off or is this like a statutory lien which is unavoidable?
Stella
The post was migrated from Yahoo.
My elderly client on social security has a debt which is owed to Chase dating back 15 years. They never sued her but they now issued a notice attaching the contents of her safety deposit box. The box has some jewelry worth about $10,000 which I can easily exempt. I know that banks have a set off against all assets located at the bank. If I were to file Chapter 7, can I avoid this set off or is this like a statutory lien which is unavoidable?
Stella
The post was migrated from Yahoo.