San Antonio, TX asked in Banking, Collections, Consumer Law and Contracts for Texas

Q: I had a creditor (NFCU) take $1,700 from my savings account as a setoff from my previous credit card that was charged-

off in 2021, they do have a security interest disclosure in the their 2017 Credit Card agreement, however there was a ruling in Maryland in 2009/2010 that a creditor's disclosure for a security interest was not valid because it was on the second page of their credit card disclosure agreement. The disclosure that my credit card has for security interest also is on the second of three pages which would theoretically go against the ruling that the judge in Maryland made, correct? I just wanted to know to try and get the $1,700 back if at all possible. They're offering me no reversal and stating that it was used to pay a portion of the charged off credit card, but like I said their disclosure from when I got the credit card in 2017 has the security interest portion on the second page, not the first which the Maryland court ruled as insufficient for a setoff. Thank you.

1 Lawyer Answer
Barry W. Kaufman
Barry W. Kaufman
  • Consumer Law Lawyer
  • Jacksonville, FL

A: Texas doesn't care what Maryland says, and if this was a trial court, no other judge in Maryland would care, either.

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