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Questions Answered by Ana Maria Del Valle-Aguilera
1 Answer | Asked in Banking for New York on
Q: My bank rec’d a court ordered subpoena for records regarding a case where I am not named. Does the bank have to comply?

A family member who was a temporary signatory on the account is named in a court case. A court ordered subpoena for all banking records was issued. He is not an account holder, owner, or employee of the corporation. What bank records does the bank have tp produce

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Sep 14, 2020

Depending on what the subpoena requests, the bank would gather the responsive documents and produce them unless excused by the court. It seems you are dealing with the records of a corporation. If that is the case, you can contest the subpoena in order to either avoid any production of records, or... Read more »

2 Answers | Asked in Contracts, Business Law and Collections for Florida on
Q: After years of a successful verbal partnership, what steps to take to ensure protection prior to confrontation on $ #s?

Have a verbal contract with years of recorded deposits proving the contract/agreement exists, some email evidence, but after realizing inaccuracies between their accountant's #s and my deposit #s vs our agreement, prior to confrontation or making them aware of suspicion, I need to consult an... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Sep 10, 2020

Aside from your emails you must obtain as much information as possible regarding bank accounts and loans (bank statements, bank forms executed attesting to a partnership and the names of the individual partners, maybe even % of interest) , income tax records for past years, any contracts executed... Read more »

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1 Answer | Asked in Business Law for New Hampshire on
Q: I am setting up a payment plan with my kid's orthodontist. Is it legal for them to ask me if I rent or own a home?
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Sep 9, 2020

That is a very common question in credit applications. You will also be asked the amount of your monthly rent or mortgage payment and how many years you have lived at your current address. If you rent, the monthly expense will not show in your credit report which is usually obtained as part of... Read more »

1 Answer | Asked in Consumer Law, Contracts and Tax Law for Texas on
Q: Is there required form of legal tender that people can't decline when dealing with debt?

I have a friend whom helped pay for my car. He paid the last 1000 or so.

I brought him cash, he says no cash. I bring him card, says cash only.

This has happened twice each. Is there required form of legal tender that he can't decline.

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Sep 6, 2020

There is no federal statute mandating that a private business, a person, or an organization must accept currency or coins as payment for goods or services. Private businesses are free to develop their own policies on whether to accept cash unless there is a state law that says otherwise. Texas does... Read more »

1 Answer | Asked in Banking for Wisconsin on
Q: My boyfriend cashed an insurance check that was made out to he AND I. Is that legal? We live in Wisconsin.

It was a car accident that totalled our car. His name on title, we were both insured. Am I entitled to some of that? We lived together for 14 years. Everything got put in his name. I also contributed to the purchase of the house. We have separated since the accident.

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Sep 4, 2020

If the check was made payable to both of you and the word "AND" was between both names, there is no question that the check was made payable to both and both signatures should be required. There might be some exceptions. For example, if you had a joint bank account and the terms and... Read more »

3 Answers | Asked in Banking for New York on
Q: I'm not sure what the paper is called but he was in charge of his mother's accounts while she was alive

After our bank switched over to a different bank the existing account in his mother's name along with her boyfriends name was put under my fiancé online bank accounts. So he shows his account and then the other account.

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Sep 3, 2020

You are referring to a power of attorney. It terminates upon the death of the grantor (his mother). He can notify his bank of his death (they may ask for a copy of her death certificate), or, as the agent/attorney-in-fact, he can simply ask the bank to remove him from the account titled under his... Read more »

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2 Answers | Asked in Banking, Consumer Law and Contracts for Iowa on
Q: I was paid over $5000 by a company to advertise on my car. I deposited it into my bank and spent it.

The checks came back as fake and now my bank wants me to pay all the money back to them. I'm on Social Security Disability and can't afford to do that. Since my bank is FDIC insured, won't they get their money back that way? Am I really obligated? After all, the only true victim is... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Sep 3, 2020

FDIC insurance covers you (the funds in your deposit account) if the bank fails (kind of like going bankrupt). As an account holder you are responsible to the bank for all checks deposited into your account. This is covered by law (under the Uniform Commercial Code) in every state, and all banks... Read more »

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1 Answer | Asked in Contracts and Insurance Bad Faith on
Q: Is Covid19 or any pandemic are termed as an "Act of God" under Insurance laws ?
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Sep 1, 2020

Most business insurance policies specifically exclude communicable diseases (like COVID-19) and don’t consider them to be an act of God. If that’s the case with your policy, financial losses caused by Covid19 probably won’t be covered unless you have a communicable disease rider. I am... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Arizona on
Q: my mechanic said that the new engine was stolen by a guy at the dealer he ordered from. What can I do about this.

My gasket blew and I took it to my mechanic. I decided to buy a new engine and payed my mechanic up front for parts. After weeks he said that a guy from dealer stole it and engine was not delivered. He said when I asked that their was nothing legal he could think of to do about the dealer he... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Aug 3, 2020

If your mechanic ordered the engine from a dealership and it is stolen at the dealership while in their custody, the loss is taken by the dealership and they would need to order a new engine. The allegations by your mechanic just don't sound right. If he purchased an engine, he must have a... Read more »

1 Answer | Asked in Contracts, Estate Planning and Probate for Nevada on
Q: My wife's uncle is embezzling funds from a trust. He wants to have her sign a new trust.

My wife's uncle is embezzling funds from a trust. He wants to have her sign a new trust. In the original trust, A, he has full discretion over funds. In trust fund B, he does not. He wants to merge trust fund B into trust fund A, so he can steal it.

What I'm curious about is... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 31, 2020

You should contact an attorney familiar with trusts and estates that can review the two trusts you make reference to and provide legal guidance. You don't mention the type of trust (revocable, irrevocable, etc.), and you mentioned the merging of the trusts and dissolution (of I guess trust B).... Read more »

1 Answer | Asked in Consumer Law for Texas on
Q: Do i actually have a case? or am i just out of luck? Could the company be found liable?

i bought a vehicle from a lot, it had 6 month warranty i pay 267 every 2 weeks. The salesman wouldnt let me choose any other car on the lot cause he didnt truth them. As soon as i got it, it started to have issues. I told them the issues and they never got it fixed. Then my sales person was fired a... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 29, 2020

You need a lawyer immediately. The dealer cannot take your son's social security card nor hold it hostage. Also, they do not need your W-2 forms. You don't specify if the vehicle was financed through a financial institution or if the dealer financed the purchase. It is also unclear if the... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Divorce and Collections for Arkansas on
Q: Can a vehicle loan company sue me?

A vehicle loan company on a vehicle that was obtained during my marriage is trying to sue me (has filed a civil suit) for amount owed on the vehicle, that vehicle has been repossessed. I have since gotten a divorce and in the divorce decree it states that the plaintiff, who is my now ex-husband,... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 28, 2020

Usually the court order regarding distribution of assets and liabilities is not binding on your creditors. You can contact the lending company and provide them with a copy of the court order and they may, if they so wish, attempt to collect only from your husband, but they are not required to do... Read more »

1 Answer | Asked in Banking on
Q: If I have a joint bank account with someone who dies, would the bank distribute the entire amount among his creditors?

It would be very helpful if someone has some knowledge of Pakistani law regarding this as well. Also I want to know whether this sort of thing happens with a joint current/checking account or a joint savings account. Thank you.

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 28, 2020

Every state has laws regarding this situation. Usually, account holders are able to add a "Payable on Death" (POD) beneficiary to their bank accounts. It could be once beneficiary or several, and the account holder may, in some cases, state the percentage of funds from the account he... Read more »

1 Answer | Asked in Contracts for North Carolina on
Q: We signed a reconstruction contract on 6/18/2020 ( insurance claim). Can we cancel this contract. No work has started..

No work has started on this claim and we would like to look at other options on getting our bathroom room put back together. The company wants to be paid for labor and material cost and expensed incurred as of the date of termination, plus the company's fees of 20% of the entire scope of the... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 24, 2020

You should have an attorney review the contract you signed and look into any applicable laws that may be in your favor. A quick review by an attorney will be less expensive than what the contractor is asking for.

My response provides only general information and is not intended to provide...
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1 Answer | Asked in Consumer Law and Collections for Washington on
Q: we traded in our SUV for another SUV and dealership hasn't paid off our old loan. It's been 4 months, what can we do?

We traded in our old SUV for a newer one, we still owed about 7k on the old loan, dealership has been dragging on that they have sent the payoff and all paperwork needed to our old loan place, but i'm still getting calls from previous lender saying nothing has been sent and were behind 3... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 24, 2020

You should seek legal counsel immediately. It seems you have been given the round-around by the dealer and this will affect your credit score due to the late payments. If the dealership does not provide you evidence of payment and copy of the paperwork, I would have an attorney contact them... Read more »

2 Answers | Asked in Civil Litigation and Contracts for Florida on
Q: Must plaintiff send a demand letter before filing a Small Claims suit for unfounded contract changes by defendant?

The unfounded changes were made by defendant while plaintiff was in the middle of the contracted job, and made so that defendant could further enrich himself at plaintiff's expense. Thus, plaintiff left the job and sent a bill in lieu of future services that were to be performed by the... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 24, 2020

If you have an executed contract, it would usually require that both parties agree to any changes or modifications. You are not very explicit on details, but it seems you did not agree to the changes your customer demanded and decided to stop the job and send a bill for future services that would... Read more »

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3 Answers | Asked in Contracts for Florida on
Q: Can a cosigner take your vehicle and sell it even though they are not making the payments the buyer is?

My son bought a Jeep and his girlfriend took it and is trying to sell it. She is just the cosigner.

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 23, 2020

If the girlfriend is only the co-signor that means she signed the note (she is legally responsible to the finance company for the car payments).If she is not in the title itself it means that she does not have an ownership interest in the vehicle. If that is the case, she cannot sell the vehicle.... Read more »

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1 Answer | Asked in Contracts and Construction Law for Missouri on
Q: Is the contractor responsible for replacing my pool. They tore it down insurance company approved parts not the pool

Contractor said pool was approved by insurance

Insurance only approved parts contractor never found parts took the pool down anyway and cut the walls in half left the pool debris in my yard said were not responsible for the pool but we could finance a new one through them or fight it out... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 22, 2020

You need to contact an attorney immediately that can look into the contract between you and your contractor as well as local laws that may offer you some protection. Collecting from such a person may be very difficult unless the contractor was licensed and insured. An attorney will be able to look... Read more »

1 Answer | Asked in Banking for Arizona on
Q: what can i do about asking some1 if they could buy me a bus ticket, and they give me their card info. but say i didnt

now they are taking me to court saying i didnt have permission

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 22, 2020

You do no say if you are being sued by the card holder, the credit card company or the bank in civil court, or if criminal charges have been brought against you. If you used someone else's credit or debit card with their permission, and you are able to prove this, then you were authorized and... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law on
Q: A lease with three roommates and three co-signers. Can we write a contract to decrease liability for co signers?

Would this separate contract be legally binding if we get it Notarized? How would we word it?

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 22, 2020

Any modification to the lease agreement and related documents,including the co-signors' guaranty, must be in writing and executed by all parties. This means that the lessor must agree to limit the cosignors' liability and execution must follow any instructions set forth on the lease for... Read more »

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