In Sept. 05, I opened a business checking account with Woodforest National Bank. I had also opened a seperate individual, personal account. When my business checking, which was NOT linked to my personal account, became overdrawn, Woodforest transferred all of the money out of my personal account into my business without ANY communication or permission from me!
I had created an LLC to limit my liability as well as an EIN number. When I went to them, they did not care that the business was seperate and insisted they had a right to do this! My personal account became overdrawn by over $700.00. I refused to pay the account. My business has since closed and I am in the process of paying off debt vs. Bankruptcy, personal and business.
In February of 08, my husband went to Woodforest to open a personal account in which he was the only one on it. Our joint tax return was deposited and we had no problems with the account. I made several cash deposits, never a problem. My husband then wrote me a check one day for $100, payable to me for gas and some groceries.
I drove to Woodforest on fumes at the Wal-Mart super center. Both of my children were with me. When I presented the check (payable to me) for payment, the teller told me that they were keeping the check toward my charge off and that they had every legal write to do that. I asked her to give me back my check and she rufused.
I left embarrassed, devastated and without gas. My children and I sat in the parking lot for 2 hours until someone could bring me some gas. When I told my husband, he was furious but we chalked it up to "that's what happens when you owe money". This still did not settle well with me! We have since received our tax stimulus payment as well and they didn't take any money out of that either.
On July 3, I did not make it to my bank to cash my check before they closed. Again, since I was in need of gas, groceries and getting my mortgage paid, (our payroll was already 2 days late), I went ahead and took a chance to go to Woodforest on July 4.
I took my paycheck (which was payable to me), wrote on the back "for deposit only, and my husband's account number) and proceeded to wait for a receipt. No ID was ever asked of me or social security number. It took a few minutes and then another manger came over and asked me if I was going to pay off my charge offs with my check? I told her "No I was not, as that is seperate from this, this account has nothing to do with that.
I also told her I had just sought legal advice from a bankruptcy attorney and was going to file for both business and personal. She told me she was keeping my payroll check to pay the debts! I told her she could not do that, I wanted my check back and she refused to give it to me. I then told her I was going to call my employer and put a stop payment on the check!
She then told me she was going to put a hold on the deposit for 21 days! My check was more than the debt and she kept all of it!!! She did give me a receipt and a hold notice stating that the hold was due to "not being able to comfirm funds!" My payroll check was written off of Bank of America! They have check verification, it was a local check and no one EVER called the bank!
I am pretty sure what Woodforest did was illegal and again, I left with no gas, no groceries and no money! I basically was so distraught when I left the bank, that I almost wrecked my car, I pulled over and threw up and then I had to go home and listen to my kids ask me why we couldn't get groceries when I just got paid! I am consulting with an attorney tomorrow!
When my business closed, I was devastated! I owed a lot of folks, but many have worked with me. The whole reason you do an LLC and get EIN numbers are so you can keep business and personal seperate! What does making a deposit into my husband's account (that I am not on) have anything to do with them keeping my entire paycheck to wipe off a debt that belonged to an LLC entity, not a sole propieter? AND then twice, personal tax refunds made out to both my husband and I were deposited by the IRS, but they never touched that???
On another note, the check they took and would not give back to me was more than the debt of both the business account and my personal account! I never got any change either!!! Robert E. Marling, Jr., get ready for a battle and you folks at the Hickory Branch, you might want to start looking for new jobs, and just a hint, "take some customer service classes!"
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