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Andy Kyser

Madison, WV

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#22
Sep 20, 2012
 

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viewer wrote:
I hope the person that is claiming to be the victim here has proof of what he is saying. This person is posting online for everyone to read. It's different going out and verbally talking trash about a person or business but when you post it online, it is hard to deny. Have you never heard of slander? This bank can sue you for slandering their name and anything else you are posting if it is not true. I think you should let your lawyers handle this. If you have a lawyer, you should inform him of your very public discussion on Topix. I'm sure he would advise you against this.
Civil action # 12-c-167 Andy Kyser vs. Whitesville State Bank. That is the case number. Yes I have heard of slander, part of the lawsuit is for slander, defamation of character and liable. Anything I have posted is in this lawsuit under the case number.
This is what slander is-Slander is the oral communication of false statements that are harmful to a person's reputation. If the statements are proven to be true, it is a complete defense to a charge of slander. Oral opinions that don't contain statements of fact don't constitute slander. Slander is an act of communication that causes someone to be shamed, ridiculed, held in contempt, lowered in the estimation of the community, or to lose employment status or earnings or otherwise suffer a damaged reputation. Slander is a subcategory of defamation.

The basic elements of a claim of slander include;
a defamatory statement;
published to third parties; and
which the speaker or publisher knew or should have known was false.

Slander is primarily covered under state law, but is subject to First Amendment guarantees of free speech. The scope of constitutional protection extends to statements of opinion on matters of public concern that do not contain or imply a provable factual assertion. If the slander unjustly accused you of a crime or reflected on your profession, the court or jury can assess the damages. For other types of slander you generally must prove some actual damage to be able to recover.

Slander of title is a common law tort involving a disparaging remark regarding ownership of property. It affects the owner's ability to transfer the property, resulting in a monetary loss.

I have not slandered them in any way, shape, or form. I have merely stated the truth and only what I can prove as a true statement with evidence showing that I am stating nothing but the truth.
for the record

Charleston, WV

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#23
Sep 21, 2012
 

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Check out how much money the Milams have made from foreclosed home and repoed property? How many times did they end up buying the stuff and then selling, renting or just keeping for themsleves?. I am sure they got it for alot less than the every person would of had and where quick to snap up. If so? Not to mention the times they have over looked credit rating to give loans to friends and over looked the late payments. If so. Not mention, one person wrote checks on her mothers closed account and because she was a friend it was hid, just like alot of other things! If so?

FYI...not slander just questions..
ittybitty

Montgomery, WV

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#24
Sep 21, 2012
 

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As long as "your" name is on an account you can write . Do you not understand there state regulations????? You have to be a complete idiot!
worried

Madison, WV

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#25
Sep 22, 2012
 

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i just moved out here a while back and opened an account with whitesville state bank and now after reading this info about them im wondering what is going to happen to me but im glad someone had the guts to post usefull info to bad i had opened my account already i guess ill just watch it alot closer then i had thank you
i feel for you andy kyser i hope everything goes good for you sorry about your wife
i know for a fact that when you have cancer the first thing the dr's. say is try and stay as stress free as you can as it will hurt your chances in recovery
god bless
Andy Kyser

Madison, WV

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#26
Sep 22, 2012
 

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To let everyone know, I did not start this page but cence it has been started there is nothing I can do but keep you on the truth about it.
I haven't said anything that would or can hurt Whitesville State Bank in any way shape or form.
Im not asking people to not use them or pull there stuff from Whitesville State Bank. I just wanted everyone to be completely clear as to the lawsuit i file was a legal lawsuit or my lawyer would have not filed it.
I will say that if you do have an account with any bank you really need to get a file box or something in that nature to keep all records as this could be you.
Thank You All
Andy Kyser
Andy Kyser

Madison, WV

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#27
Sep 22, 2012
 

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worried wrote:
i just moved out here a while back and opened an account with whitesville state bank and now after reading this info about them im wondering what is going to happen to me but im glad someone had the guts to post usefull info to bad i had opened my account already i guess ill just watch it alot closer then i had thank you
i feel for you andy kyser i hope everything goes good for you sorry about your wife
i know for a fact that when you have cancer the first thing the dr's. say is try and stay as stress free as you can as it will hurt your chances in recovery
god bless
Thank You worried and God Bless You and Yours
Andy Kyser

Madison, WV

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#28
Sep 22, 2012
 

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ittybitty wrote:
As long as "your" name is on an account you can write . Do you not understand there state regulations????? You have to be a complete idiot!
I'm so glad your this Big Time Internet Lawyer and you know everything about everybody that is in the area.I would hate it, that someone was to say something that was untrue and you not be able to catch it. Thanks
For someone who says there not an employee you sure know what is going on with peoples accounts.That means that someone that you know is telling you about others that bank with Whitesville State Bank which is against the law under the privicy act,or your just trying to cause hate and discontent towards others.

Since: May 12

Madison, WV

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#29
Sep 22, 2012
 
ittybitty wrote:
As long as "your" name is on an account you can write . Do you not understand there state regulations????? You have to be a complete idiot!
Since you have so much information about this bank and seem to be quite fond of them, then please tell me and everyone else that is in the Whitesville State Banking area exactly where did the half a million dollars that Karyn Lee Burton embezzled? Did the money ever go back to it's rightful owners. Can you give me some names of the people who actually received their money. OR did the bank just keep it for themselves?
viewer

Belle, WV

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#30
Sep 22, 2012
 

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Are some people so uneducated as to not know what embezzlement means? The money was stole from the bank, not people's accounts. No accountholders lost one cent. The only ones to suffer were the owners of the bank, meaning the stockholders and the reputation of the bank. All money is FDIC insured. If someone lost money due to her actions, you should have presented your evidence to the bank, FDIC or your lawyer. If you have cancelled checks for a payment and you feel like you did not receive credit, you are not too smart for not going forward with your proof. Even if money was taken from your account, the bank would have to make it right because she was their employee. I don't understand why all of these old cases are just now being hashed up. Sounds like someone just trying to stir up trouble.
just for thought

Madison, WV

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#31
Sep 22, 2012
 
viewer wrote:
Are some people so uneducated as to not know what embezzlement means? The money was stole from the bank, not people's accounts. No accountholders lost one cent. The only ones to suffer were the owners of the bank, meaning the stockholders and the reputation of the bank. All money is FDIC insured. If someone lost money due to her actions, you should have presented your evidence to the bank, FDIC or your lawyer. If you have cancelled checks for a payment and you feel like you did not receive credit, you are not too smart for not going forward with your proof. Even if money was taken from your account, the bank would have to make it right because she was their employee. I don't understand why all of these old cases are just now being hashed up. Sounds like someone just trying to stir up trouble.
it may have been that way but alot of people lost money and when someone that i know tried to get a lawyer all of a sudden there was no such case to be filed even with proof so your the dumb one who thinks they know it all and yes they are fdic affilliated and everyone should have been payed backnot taken advantage of we felt that the bank paid off the lawyers not for sure just an oppinion of it cant get all bank records like they say your not privlaged to them and dismiss it and there selves
and for the old cases if your too damn dumb to see why they brought it up its because there showing a pattern as to how this bank love to take advantage of there customers its like duh

Since: May 12

Madison, WV

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#32
Sep 23, 2012
 
It wasn't all the banks money! It was the peoples! If it wasn't for the people the bank wouldn't even be a bank. However not all of that money was taken from the BANK funds. As you so say. Majority was people's accounts. And if people weren't smart enough to keep all their records, or just put good faith into the bank that they would properly do their job, they got taken advantage of and they will never see any of their money again. It sounds a lot better when it was just the banks money that was taken, not their customers. We should be able to trust our bank to take care of our money,but the sad part is we CANT. Our moneys safer under a mattress than a bank that is know for predatory practice. We as the people need to stand up for whats right. Not roll over like a dog and take the beating. Keep your records safe and dear to your heart or you might be on the streets yourself while the ones who have your money live a nice high class luxury life, and wont even remember your name to thank you for what you have given them.

Why is it that everybody feels the bank is always in the right? When the customer is. Why do you defend the bank when the customer is being taken advantage of. When someone files a lawsuit, A lawyer will not always take a case unless there is substantial proof of illegal activities. How do you feel that Andy Kyser and his deceased wife, is trying to screw the bank, when in all reality the bank has screwed him, by taking his home,and ruin his credit to a point he cannot get a new job or home. Would you please explain me that.
And if you can't answer my question with relevance or jumping around subject to subject in attempt to make me look stupid, please do not respond at all.

Since: May 12

Madison, WV

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#33
Sep 23, 2012
 
Definition:
Embezzlement is the act of wrongfully appropriating funds that have been entrusted into your care but which are owned by someone else. The most common embezzlement is by employees, but others with fiduciary responsibility can also be charged with embezzlement.



Accounting embezzlement is the manipulation of accounting records to hide theft of funds

Examples of embezzlement include the bank teller who pockets deposits, the bookkeeper who takes customer refunds for himself, the attorney who uses the funds in an escrow account for herself, and the payroll clerk who doesn't deposit the correct amount of employment tax, keeping the rest for himself.- Thank you very much for me having to take the time to look this up for you

Since: May 12

Madison, WV

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#34
Sep 23, 2012
 
Fraudulent appropriation, for one’s own use, of property lawfully in one’s possession; type of larceny. Embezzlement is often associated with bank employees, public officials, or officers of organizations, who may in the course of their lawful activities come into possession of property, such as money, actually owned by others.

There's another if you didn't comprehend the first one.
Unreal

Oak Hill, WV

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#35
Sep 25, 2012
 
No customers lost any money. The only loss was to the bank and its capital. Call the FBI if you have questions, they can verify it. Unfortunately you don't want the truth you just want to trash the bank and its employees.
Andy Kyser

Madison, WV

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#36
Sep 25, 2012
 
Why is everyone so worried about the Embezzlement than about what is going on now? It was just to show what they had done in the past as I can see.
me too

United States

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#37
Sep 25, 2012
 

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If the bank gets robbed, the customers aren't out any money! Are you so clueless that you think the depositors are the ones who lose in a robbery? An embezzlement is a robbery, they just dont use a gun, they sneak it out. The bank suffered the loss and no one else. How do you infer that this is evidence of the bank being crooked or unfair? How can they be the victim and the bad guy? I dont think thats possible. All banks are audited every 90 days at least by somebody, FDIC, State of WV, Auditors, the OCC, Fed and a report of all of their complete info is sent to the government every 90 days. Milams audit and so is everybody else that works there. Get a clue and stop ranting because your pissed that life has consequences for your actions. Oh, and Samantha, I dont need to comment on you, your ignorance shines like the sun.
ittybitty

Montgomery, WV

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#38
Sep 25, 2012
 

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Thank you "unreal" and "me too". People are clueless!
wondering

Oak Hill, WV

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#39
Sep 25, 2012
 

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Is Lee Milam a good bank president?
Andy Kyser

Madison, WV

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#40
Sep 25, 2012
 

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For one thing I didn't start this page or anything about Whitesville State Bank, but as for this crap you all wan't to stay on about the Embezzlement I see it was just a thing that was posted to show that there is a lot of crooked stuff happening at this Bank and I just happened to be the one they picked. Don't know why as my payments were made every month and for them saying I was behind. It was them that couldn't keep their records straight. I was completely up to date with all payments and I do have the repeipts to prove it, like I said I didn't start this the bank did as they decided to file forcloser after they found out that my wife had cancer and that was two hours after I tried to roll over one payment to be able to take her to Ohio for a better cancer Dr. Now all of you can do is kiss my ass, as you dont even know what is going on and are to damn lazy to go and get a copy of the lawsuit so you can be completely informed. Before you all open your mouth, insert your foot.

Since: May 12

Madison, WV

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#41
Sep 25, 2012
 

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Your from Indiana, get off this forum and stay in your own damn state dumb ass. How do you know anything about this bank and what is it of your business. Why must you make me repeat myself if I'm the one who is so damn ignorant. YOU ARE. Your in a different State and you still seem to think it is your business, just wondering are you by chance related to Lee Miliam? Are you benefiting from this bank? Do you Use this bank? Do you live in Whitesville WV? Are You that damn Ignorant, that you don't even know where you live. Or you don't realize that Topix post your exact location? Or are you nothing but a nosy body? So which one is it, or should i say which ones is it? Please do inform me why this matter is so important to your life, as it seems it very well is. Some how this Bank is benefiting your life and you are standing up for them all the way outta Indiana. And just how did you hear of this post being made. I mean living allllll the way out there, did you search for hours, just trying to find something in your interest, going state to state, town to town, and said OH this is the forum I want to pick on. Tell me please. How bout we just hop off embezzlement, and get back to the real case. About the illegal foreclosure that is taking place at this very moment, Still I don't understand why Indiana should even post on this page, send a message again without a reason, I'm going to bash you again and again and again with the same damn response, because you avoided the first time I asked you, now lets see if you avoid it the second time too. It seems like you people only read what you want to. And I'm sure there's more than just me wondering why someone from Indiana feels the need to continuously post, without listing a reason to why they are posting, and they seem to be a pretty bright individual of all the following events and how the banks ran, EVEN KNOWS THE MILIAM, tell me that's not a coincidence.

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