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  Home >> Lending >> Vehicle Loans  
Vehicle Repossession and Offsetting

When a bank repossesses an RV and there is an outstanding balance and cleans out an existing account that the debtor has jointly with non-debtors, is the bank required to give back funds belonging to the non-debtors? The account belonged to one debtor and two non-debtors.


If the bank had a legal right to set off the account against the unpaid debt, it can take all of the funds in a joint account, regardless of which account owner put them there. That is one of the drawbacks of a joint account from the depositor's perspective. Each joint owner has the right to all of the funds in the account, a creditor of one of the joint owners can reach all of the funds in the account, too, via legal process such as attachment, or set off, so the bank is not required to reimburse the non-debtor joint owners of the account. They will have to look to the debtor for their money.

Published on BankingQuestions.com 6/18/09