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Questions Answered by Ana Maria Del Valle-Aguilera
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 Contracts for Florida on
Q: I owe Toyota corp $575.00 for repossing fee - what will happen?
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Dec 9, 2020

It depends on several factors. Have you paid your car loan in full and are you in possession of the car? Normally financing agreements provide that you are liable for all costs of repossession and sale. If the finance company is in possession of the vehicle they do not have to return it to you... Read more »

2 Answers | Asked in Business Law and Contracts for New York on
Q: Am I following US or local law if I am a subcontractor working in the US, but I host data in Euro-based data centers?

Hi, I am a consulting company with operations in the UK and NYC. When working with US-based clients, the data our US consultants generate, store, or receive from clients is hosted in Euro-based data centers. Given the above, am I following proper legal, regulatory (Federal, State, or Local... Read more »

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

This is a complex area of the law and it isn't possible to provide a response with the limited information provided. You need to consult with a Privacy Professional or a Privacy Attorney that can review your process and provide you appropriate guidance depending on multiple factors. This would... Read more »

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1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Colorado on
Q: Can property staff add rules not in the lease? Tenants now have to show ID to enter & exit the open layout apt. complex
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Oct 31, 2020

When you sign a lease it is common to have a provision that you will abide by the Association/Complex/Building Rules. These can be modified at any time without changing the terms of your lease. If the rules now provide that ID must be shown, then under the terms of the lease you must abide by the... Read more »

1 Answer | Asked in Contracts on
Q: Where can contracts be handy and useful in the tourism, travel, and hospitality industry?

Nothing

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

Contracts are important in every context as they do not only set forth the expectations of the parties, their duties and responsibilities, but also how certain situations will be handled and who will end up paying for damages, loses, where a lawsuit can be brought (which country or state), etc. In... Read more »

1 Answer | Asked in Consumer Law for New Jersey on
Q: I just found out that Bank of America is suing me over a debt from 2006? Can they legally do that? It’s been 14 years?

This account was compromised in 2006 I closed the account with the negative balance of around $350. The account was charged fees bringing the account negative $465. Bank of America is suing me for over $4k. Isn’t there a Statute of Limiations in NJ?

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

In New Jersey, the statute of limitations range from four to six years, depending on the type of debt. Once the statute of limitations is up, the debt becomes known as “time-barred” debt.

Debt collectors can still contact you regarding time-barred debt, and if you start to make payments...
Read more »

1 Answer | Asked in Banking and Real Estate Law for Alabama on
Q: Bank is holding insurance claim funds from Hurricane Michael. What happens to funds if I sell my house?

Mortgage lender is holding over $5,000 of my insurance claim funds from Hurricane Michael. I can't get them to release funds even though work is completed. They have came and inspected the repairs 2 different times. I had a disagreement with the contractor before he finished the work, so I... Read more »

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

The bank would release the funds to the borrower on the current mortgage when the time comes, even if you have refinanced with a different bank or sold the house. Make sure they have your current address at all times. Without a release of lien from the contractor the bank will not release the funds... Read more »

1 Answer | Asked in Business Formation, Business Law and Employment Law for Connecticut on
Q: can my company make payments on personal loan of mine instead of paying me a higher salary?

my company made loan payments for me instead of paying me a higher salary....now they want me to pay taxes on this money? is that legal

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

If your company pays your personal loan directly it must be reported as additional income to you and an expense to the company. If you own the company, you should check with your accountant to see if there are any actual tax savings.

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 »

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