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Florida Banking Questions & Answers
1 Answer | Asked in Banking and Civil Litigation for Florida on
Q: Hello, over 2 years ago my parents received $ 16,000 from insurance claim, they told me to keep the money in my bank acc

Hello, over 2 years ago my parents received $ 16,000 from insurance claim, they told me to keep the money in my bank account, so i transfered the money from their account to mine, when they would ask for money, pay their bills etc i would send them money, but i had also used most of the money on... Read more »

Charles M.  Baron
Charles M. Baron answered on May 20, 2021

Best for you to schedule a consultation with an attorney to go over all the facts and communications. Based on your brief description, it sounds like, at most, you are guilty of a breaching an agreement with your parents (a civil matter that could lead to a lawsuit against you), not... Read more »

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...
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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 for Florida on
Q: Son in prison gave me power of attorney to make & deposit in a bank account his stimulas checks. I been refused. Why?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 29, 2021

Unless the bank has a current account in your son's name they will not allow you to cash any checks in his name. Why?

Because just because the bank has seen your son's alleged POA does not mean they know who he is; nor do they know if the POA is valid; nor do they care....
Read more »

2 Answers | Asked in Criminal Law, Real Estate Law, Banking and Business Formation for Florida on
Q: TLDR; If something is bought with stolen money, what happens to the thing that was bought with that stolen money?

Background Context: I'm putting together a story and there's huge plot point i want to do revolving around a homeless shelter/kitchen and an orphanage both bought by this sort of robin-hood like character who steals from the rich, (cheesy, i know), and what I'm plotting is the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 17, 2021

The "person whom the money was stolen from" would be the victim. The money, if cash, is (after possibly being used in the trial as evidence) would go back to the victim. If the money was used to purchase something, that too is seized, sold, and the proceeds perhaps returned to the... Read more »

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1 Answer | Asked in Estate Planning and Banking for Florida on
Q: My friend got his SSI and stimulus check direct deposited on 12-31-2020. Unfortunately, he passed away on 1-1-2021.

Can his family keep that money or does it have to be returned?

Phillip William Gunthert
Phillip William Gunthert answered on Jan 4, 2021

I am very sorry for your loss and the passing of your friend. Based on the information that you have provided it would appear that the money was officially his. It is likely that these monies and other issues may need to be addressed with and through a probate and you will likely need to find and... Read more »

2 Answers | Asked in Divorce, Family Law and Banking for Florida on
Q: My ex took all the stimulus check that was a joint stimulus out of the joint account. What can I do about that?

Me and my ex recently divorced. Papers haven’t been signed but judge ruled. We still have a joint account, which the stimulus was deposited into. My ex transferred the entire amount to his own account and left me with nothing.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 2, 2021

What do the "papers" provide for with respect to the joint account?

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1 Answer | Asked in Banking, Bankruptcy, Products Liability and Business Law for Florida on
Q: Yes I have a question, As a small business I have checked and it looks like something went wrong and I never got help

We are the number one minority, We are also for our clients a tax break when they file their taxes being we are in all ladies commercial/residential company.We are going on five years flipping homes. I have got to get Some form of income to keep the last five employees I have. I have already lost... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 13, 2020

I'm very sorry for your difficult situation, especially since it seems to have resulted from your being kind and thoughtful of your employees. You could consult with attorneys to investigate whether there is anything they might be able to do - but that could further add to your expenses - it... Read more »

2 Answers | Asked in Banking and Estate Planning for Florida on
Q: An individual becomes incompetent can the executor of the estate perform financial matters?

Can the health poa also perform financial matters if someone is incompetent ?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 4, 2020

If you are referring to a health surrogate form the answer is no.

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1 Answer | Asked in Employment Law, Banking and Employment Discrimination for Florida on
Q: Selective Enforcement of policy's. Over 40 in Florida

Is selective enforcement of policys an issue. My employer is holding me accountable for things that they are not consistently holding others accountable too. I am over the age of 40 in Florida.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 2, 2020

If you feel you have been discriminated against because of your race, gender national origin or because have a disability, or feel you have been retaliated against for speaking out or asserting your legal rights in the workplace, you should contact the Florida Commission on Human Relations (FCHR)... Read more »

2 Answers | Asked in Banking, Estate Planning and Probate for Florida on
Q: As a son can I inherit part of the money located in my deceased father joint bank accounts with his surviving wife?

The spouse is not my mother and my father did a Will with specific % distributions including me and my brother as his heirs, along with her.

Evelyn Suero
Evelyn Suero answered on Oct 3, 2020

In Florida, a joint bank account held by a married couple is presumed to be held by tenants by the entireties which would mean that the account would pass directly to the surviving spouse by operation of law outside of probate. The Will typically would not control the disposition of that specific... Read more »

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3 Answers | Asked in Banking, Estate Planning, Real Estate Law and Probate for Florida on
Q: All the money in savings and checking bank accounts go to the surviving spouse if they were joint accounts? No will

The deceased had 4 children with a previous spouse and 0 with the surviving spouse. They also bought 2 houses jointly.

Evelyn Suero
Evelyn Suero answered on Oct 2, 2020

In Florida, a joint account owned by married people is presumed to be held as tenants by entireties, and typically will pass to the surviving spouse outside of probate.

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1 Answer | Asked in Banking for Florida on
Q: Is it legal for a bank to require a non account holder to create a profile with personal information that includes DOB

social security number in their data base in order to cash a check less than $500. drawn from their bank. They refuse to cash the check unless I created a profile. I feel they are trying to invade my privacy, gathering information. Why is a driver license and a thumb print not good enough? Is... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 17, 2020

IMO, you have four choices here: (1) Agree to do what the bank wants (and have no more problems); (2) open an account at the bank and have no further problems; (3) take your checks to a check-cashing company in your area (and have big problems if any check bounces); or (4) find a friend who will... Read more »

2 Answers | Asked in Banking for Florida on
Q: If you have a joint bank account with someone and I received a refund from the IRS directly deposited in the account

and the other person withdraws the money, can I go after them to get the money back?

Martin George Prego
Martin George Prego answered on Sep 4, 2020

It will depend on the type of joint account, the terms of the bank account, and other considerations. I will be happy to give you a free assessment should you contact my office: www.pregolawgroup.com

Sincerely,

Martin Prego, Esq.

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1 Answer | Asked in Criminal Law, Employment Law, Banking and Business Law for Florida on
Q: I have an open case with the EEOC for wrongful termination. I have an employment attorney that I am working with,

however, I am being subjected to constant cyber attacks via my personal computer and my phone by my former employer. I am looking for an attorney to assist me with an injunction or a protection order...something to make them stop the attacks. Is this possible?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 17, 2020

If you are currently prosecuting an EEOC charge and have an employment lawyer assisting you then get off the Internet and call your lawyer. You CANNOT do what you think you want to do; and no Florida lawyer will help you anyway. You MUST report all of this to your employment lawyer.

1 Answer | Asked in Banking, Business Formation and Business Law for Florida on
Q: CAN I SUE THE BANK?

THEY ARE SAYING LIKE I HAVE 4 DAYS TO RESOLVE OR FUNDS ARE SEIZED FOR UP TO 2 YEARS. MONEY MISSING, AND ASKING MY BROTHERS SIGNATURE THAT HE IS THE APT LEASE HOLDER..CAN I SUE THE BANK FOR DISCRIMMINATION? THEY CAN SEE IS FROM BENEFITS FROM UNEMPLOYMENT AND MY SCHOOL. I DO FEEL DICRIMMINATED... Read more »

Martin George Prego
Martin George Prego answered on Aug 17, 2020

Hello, based on the facts you described it is difficult to assess the situation. Banks under different laws, rules, and regulations have responsibilities to monitor, review, and act on customer's accounts to deter, detect, and report suspicious activities. During the review process, under... Read more »

1 Answer | Asked in Banking, Consumer Law and Contracts for Florida on
Q: I need some clarification on Car Bank loans and what my options are here in Florida. How can I send you the information

I need some clarification on Car Bank loans and what my options are here in Florida. I tried to post my questions here but it said I have to many character but you would need to see this information to give any advice, how can I send the detailed messages for proper recommendations?

Phillip William Gunthert
Phillip William Gunthert answered on Aug 5, 2020

You will have to contact and hire and attorney for their hourly fee or for a fixed fee to review the contract and advise you on any questions and issues that you might have related to the contract/purchase/loan, etc.

3 Answers | Asked in Banking for Florida on
Q: I worked for a real estate company that contracted with bank owned property management companies to inspect properties.

I submitted some photos that I had taken for prior months & now I’m told they are investigating me for bank fraud. I’m trying to find out if that’s even possible to charge me with bank fraud, if you think that it’s probable being there was like 5 photos like that & they charged me... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 30, 2020

It's not clear what you did, who are investigating you, or who told you this. You probably should consult with an attorney and in the mean time cease posting in public media.

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