Lawyers, Answer Questions  & Get Points Log In
Banking Questions & Answers
3 Answers | Asked in Bankruptcy, Contracts and Banking for Kentucky on
Q: Son totalled his truck, insurance expired, owes 26K to bank. Junk yard won't take vehicle. Bankruptcy solve problem?
Lloyd M. Nolan
Lloyd M. Nolan answered on May 7, 2021

That would be one solution, assuming that bankruptcy makes sense otherwise. If he has low income, owns little or nothing, and has other significant deaths, this could be a reasonable option.

View More Answers

1 Answer | Asked in Banking for Maryland on
Q: Advice for answer to Bank Law Suit.

Defaulted on unsecured credit card and LOC payments .

Bank filed a Law-suit, and Court has given 30 days (04/13/21 received on 4/29/21) for Pleading or Motion.

Fines and penalties aside, the Bank’s claim is right. But I have no money or personal things, to pay. I live and survive... Read more »

Mark Oakley
Mark Oakley answered on May 4, 2021

I’d be concerned if you owned real property in your sole name, but other than that, you sound judgment proof. If you do own a home, and it’s tiled as tenants by the entirety with your wife, then that property is safe. They can’t attach SSI with a garnishment even if it was your SSI, but they... Read more »

2 Answers | Asked in Banking for Michigan on
Q: I wanted to know if I have a case if my bank gave out my account information to someone else

Someone else had my account number the bank teller told this person how much money I had in my account they also told her that I have someone else on my account with me and they asked her if she would like to take the money out of the account

Brent T. Geers
Brent T. Geers answered on Apr 30, 2021

Was any money taken from you? How do you know this information to be true? If no money was taken, it's probably something you should address with the bank manager.

View More Answers

1 Answer | Asked in Consumer Law, Banking and Domestic Violence for Texas on
Q: someone gives a car 2 u, permanently, what must they legally do? Father gave 2000 suburban 2004. Need title 2 insure

Since I got a protective order against son (stalking, drug charges, child abuse) his father helping by leaving me unable to drive even this vehicle I rebuilt all year. My ex took the Denali, trying to put me and children on the street.

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 30, 2021

This question is tagged for both Georgia and Texas. I don't know anything about Georgia, but in Texas, the proper method to give a vehicle as a gift requires both the Giver and the Recipient to sign an "Affidavit of Motor Vehicle Gift Transfer" and an "Application for Texas... Read more »

1 Answer | Asked in Consumer Law and Banking for New York on
Q: chase froze my personal joint account with my wife saying i cant get sba loans and grants deposited in ac without notice

i am uber driver where we dont need EIN NUMBER & BUSINESS ACCOUNT & sba qualified me for loans & grants and chase has issues saying they gonna keep the funds which includes my savings and wife salary too i dont have any source of income to run my family

Michael David Siegel
Michael David Siegel answered on Apr 28, 2021

It is not being frozen due to the PPP loan. There must be some other issue or judgment.

1 Answer | Asked in Banking for New York on
Q: i send a wire and I enter the wrong account number what can i do ?

and my bank tried to contact that person but the that person ignoring

we send that through Chase to Citibank and Citibank don't went to talk to me

so the bank tell me that is nothing to do

Michael David Siegel
Michael David Siegel answered on Apr 23, 2021

The wire should have been rejected if the name on the account did not match the account number. Are you sure it went through?

2 Answers | Asked in Bankruptcy, Contracts and Banking for California on
Q: Can my sugar daddy get me jailed knowing that I don't have control of his money.

I'm kinda stuck and confused on something. I'm trying to leave my sugar daddy but he is trying to get me jailed because he thinking I'm trying to steal from but what happens was he put money in my account about $4000 but the money he put in was fraudulent. I told he that the bank... Read more »

Timothy Denison
Timothy Denison answered on Apr 18, 2021

Go to the bank. Sign a fraud affidavit and tell them what you know and you should be fine. You haven’t committed any crime.

View More Answers

1 Answer | Asked in Banking and Collections for Florida on
Q: Will you have to pay back a check after you’ve cashed it if you weren’t supposed to receive it?

I received a check from Collier County school Board I cashed it and that I was called two weeks later and they told me it wasn’t supposed to receive the check and now they’re demanding that I pay it back or face legal repercussions.

Barry W. Kaufman
Barry W. Kaufman answered on Apr 15, 2021

Yes. You knew you weren't supposed to receive the money.

1 Answer | Asked in Consumer Law and Banking for Florida on
Q: If my bank closed my checking account do they have a legal right to keep my money that was left in it?

I am a small business owner in FL. I received an EIDL loan from the government on March 16 for $55,900 to help me keep my business afloat during the pandemic. I had the funds deposited into my business checking account at BlueVine, and had no issues until Mar 29, when I suddenly received an email... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 12, 2021

While I am not sure who or what "BlueVine" is, unless it is a legitimate regulated commercial bank or credit union you may be out of luck. And in any event, since you are obligated to repay the entire $59,500 to the US Small Business Administration or to the US Treasury, I strongly advise... Read more »

1 Answer | Asked in Banking and Civil Rights for Florida on
Q: the teller deposited my stimulus check without my autorization on purpose, when I said I wanted it to cash out

so I went to the bank in the drive thru then the teller deposited my stimulus check without my autorization on purpose, when I said I wanted it to cash out . she did it because apparently my account had a pending overdrawn for $259 and at that moment I didn't know, so I said I want my check to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 6, 2021

Sorry, your bank did nothing wrong here.

Your "right" to spend your money in the manner that you want to does NOT change the bank's right to grab any of your money flowing into the bank or into any of your accounts at the bank.

Explanation: It is called the...
Read more »

1 Answer | Asked in Banking and Legal Malpractice for Missouri on
Q: Can your wages be garnished without going to court?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 30, 2021

Generally, no, but I'm not sure if you are seeking to collect money owed or if a private party or the government is garnishing your wages.

Ronald J. Eisenberg

Schultz & Associates LLP

640 Cepi Drive, Suite A

Chesterfield, MO 63005

Direct: (636) 733-6647

1 Answer | Asked in Consumer Law, Criminal Law, Banking and International Law for New Jersey on
Q: I would like to sue Binance for stealing from me, and am in need of legal assistance

Binance has over 300k in stolen assets, and refuses to return it or cooperate with investigation, and also locked my account.

Hassan Hussein Elkhalil
Hassan Hussein Elkhalil answered on Mar 30, 2021

File a police report for the stolen assets.

1 Answer | Asked in Real Estate Law, Banking and Probate for Florida on
Q: siblings and I are being sewed by the bank holds the mtg on mother's house who is deceased

If I'm listed as deceased on the doc does the doc have to be refiled with the court?

Barry W. Kaufman
Barry W. Kaufman answered on Mar 28, 2021

You are being sued in foreclosure because your mother, who is deceased, had a mortgage with the lender at the time of her death. You should answer the foreclosure complaint and deny the allegation that you are deceased. The plaintiff can decide whether to amend its complaint. If you were not a... Read more »

1 Answer | Asked in Banking and Collections for Oregon on
Q: Can a collection agency collect a medical debt from 2006 in oregon?

Oregon? My Bank account was completely drained.

Gregory L Abbott
Gregory L Abbott answered on Mar 26, 2021

The question is not when the debt dates from but rather when they obtained a court Judgment against you for that debt. Judgments in Oregon are good for 10 years and may be renewed once for another 10 years from the renewal date. IF there is still a valid Judgment in Oregon, then the creditor is... Read more »

1 Answer | Asked in Banking for Kansas on
Q: My son is incarnated and yesterday he got his stimulus check in the mail, now I have power of attorney over him and all

His assets including property. So how can I get his check cashed? I have a saving account and so does his wife but the bank says they can't cash it.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 26, 2021

No bank will cash a government check that is not signed by the intended recipient. Either get your son to sign it over to you or keep it until he gets out of jail.

1 Answer | Asked in Criminal Law, Divorce, Banking and Identity Theft for Connecticut on
Q: Is it illegal for someone in a divorce to take money from spouses personal checking account?

Wife pays all household bills. His entire check went into a savings account for the family. He spent all of it on cocaine (35k+). He is using her checking account information to pay his personal credit card and cell phone bills etc. She has emailed and texted him explicitly saying that he... Read more »

Joseph Maya
Joseph Maya answered on Mar 26, 2021

I am sorry to hear about this situation. To fully address the legal questions regarding the wife's bank account, you will probably need to hire a lawyer licensed to practice in Connecticut. I wish you the best of luck in the resolution of the situation.

1 Answer | Asked in Bankruptcy, Banking, Collections and Gov & Administrative Law for Nevada on
Q: I'm filing for bankruptcy own my house my niece is living in it while I live with my mother. Can they seize my house?

I live in my mother's house to take care of her, so I let my niece live in my house.

Timothy Denison
Timothy Denison answered on Mar 25, 2021

These questions need to be answered by your bankruptcy attorney after he has reviewed your finances.

1 Answer | Asked in Banking for Washington on
Q: How can I claim a cashiers check that was lost? Sent to Ohio w/o my knowledge.I have a photo copy of the check/receipt.

I sent to Ohio all documents/check needed as proof of my ownership unfortunately they said there’s no check upon receipt. After 4 months of them receiving the application.

purchased the check from my bank JP Morgan Chase.

Please help me.

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Mar 24, 2021

The facts are not too clear as you say that a check was sent to Ohio without your knowledge. Were you the purchaser of the check or was it made payable to you? Was the recipient in Ohio the payee on the check? You also state that you sent the documents/check to Ohio... where you in possession of... Read more »

1 Answer | Asked in Banking for California on
Q: Bank deposits money in my bank account by mistake then overdrafts the account I deposit cash 2fixit I want it back cani

900 deposits. By bank. The overdraft after then I pay 500 own money to fix balance . Still negative balance but I rather get the money I recently deposited to fix it. Back. And go to collections can I get those deposits back?

Maurice Mandel II
Maurice Mandel II answered on Mar 18, 2021

If the bank causes errors, it may be responsible to fix them, but not if you know the balance was wrong and overdrew it. You probably get all charges against you waived. The problem with you case is that it will cost more for an attorney, than the case is worth. Small claims?

Read more »

2 Answers | Asked in Consumer Law, Banking and Social Security for Texas on
Q: Caught in a fraud scam my checking is overdrawn thousands. Can my bank take my social security in savings to pay that?

Both pension and social security go to savings but checking is overdrawn. Can they take that to pay off what is owed in checking?

Teri A. Walter
Teri A. Walter answered on Mar 18, 2021

Probably, yes. The bank's account agreement probably gives them the right to offset what's due on one account with what's in another, even if the funds deposited there were exempt before they we deposited. You may want to contact them and work out some payout arrangement on the... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.