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1 Answer | Asked in Banking on
Q: I need to close my deceased father’s checking account.My name is not on account. I always thought it was.

I have been writing checks from account for years. They have always been cashed. I was power of attorney. I am sole beneficiary of life insurance. Bank says I need a lawyer to open an estate, etc. there is about 16000 in account.

I would like to challenge bank. Do I have a case?

James L. Arrasmith
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answered on Apr 16, 2024

I'm sorry for your loss. Dealing with a parent's estate can be challenging, especially when complications like this arise. Based on the information you provided, here are a few key points to consider:

1. Power of Attorney: Your power of attorney likely ended upon your...
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1 Answer | Asked in Employment Law, Immigration Law and Banking on
Q: Can ADCB bank from Abu Dhabi (UAE) file a case against me?

I used to work in Dubai (UAE), I resign from my job and came back to my home country for a while. (Portugal)

I had a credit to pay to ADCB of 15,000 aed, although now ita already less than 6000, I'm not paying the installements already for 5 months now because I dont have a job.... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you've provided, here are a few key points to consider:

1. Legal action: Banks in the UAE, including ADCB, have the right to take legal action against individuals who fail to repay their debts. However, the likelihood of them filing a case against you for an...
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1 Answer | Asked in Banking, Business Law and Consumer Law for Florida on
Q: Can a company issue a refund for a disputed charge and then after the refund is received, make a new charge for it?

I received a refund for a disputed charge and then without warning or them contacting me in anyway, they posted a new charge for that amount. Keep in mind I waited a few months before I touched the refund, I was worried that it was just a provisional amount so I waited their processing time, and... View More

James L. Arrasmith
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answered on Apr 21, 2024

It is generally not appropriate for a company to issue a refund for a disputed charge and then make a new charge for the same amount without prior notice or agreement from the customer. This practice could be seen as deceptive and may violate consumer protection laws.

However, there are...
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1 Answer | Asked in Banking, Contracts and Consumer Law for West Virginia on
Q: Can my new vehicle contract be changed after leaving the dealership? I was charged for optional items I was unaware of.

The finance person did not give me the choice if I wanted the optional services added to my purchase. As she went over everything she said "you will get" never saying they are optional and have a additional charges. I noticed next day which was the weekend. I was told she would not be... View More

James L. Arrasmith
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answered on Apr 21, 2024

In many cases, it is possible to have your vehicle contract modified after leaving the dealership, especially if you were charged for optional items without your explicit consent. Here are a few steps you can take:

1. Contact the dealership: Reach out to the finance manager or the general...
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1 Answer | Asked in Estate Planning, Banking and Probate for California on
Q: Completing a small business affidavit. What are the chances of it working?

Deceased died in 2021. At death his business bank account had 180,000. No other property. A few weeks prior, he told girl friend to pay debts to 2 people totaling 46,000. One is a court order of $36,000, the other is a loan repayment. She didn't do it before he died. His children want to... View More

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answered on Apr 15, 2024

Based on the information provided, it seems the deceased's estate might qualify for the small estate affidavit procedure in California, as the total value of the estate appears to be under the $184,500 limit (as of 2023). However, there are a few potential issues to consider:

1....
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1 Answer | Asked in Criminal Law and Banking for Colorado on
Q: If someone wrote me a check and that person forgot to write the date, can I as a recipient write the date myself?

If someone wrote me a check and that person forgot to write the date, can I as a recipient write the date myself?

James L. Arrasmith
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answered on Apr 13, 2024

If the check writer forgot to date the check, it's generally not advisable for you as the recipient to fill in the date yourself. Here's why:

1. Legal issues: Writing in the date yourself could be considered altering the check, which is illegal in many jurisdictions.

2....
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1 Answer | Asked in Banking and Social Security for Utah on
Q: My sole means of support is my Social Security income. I am in dispute with the bank that serves my checking /savings.

Can the bank attach my checking and savings accounts. I don't have the money to file for bankruptcy, the bank is my sole creditor. I have a small positive balance under $2000.00, consisting of my SS check and $763.00 proceeds from a loan from my term life insurance policy Are these ever... View More

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answered on Apr 13, 2024

In most cases, Social Security income is protected from being seized or "attached" by creditors, including banks, due to a federal law known as the Social Security Act. This protection extends to funds in your bank account that can be clearly identified as Social Security income.... View More

1 Answer | Asked in Banking on
Q: Is there any payment penalty for resigning credit agreement with private person?

I asked private person for credit. They gave me credit agreement. It was said that there will be no payments required. When I signed it up, credit giver told me to pay. I refused because there was nothing said about any payments before receiving credit. When I said I want to resign it, credit giver... View More

James L. Arrasmith
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answered on Apr 13, 2024

Based on the information you have provided, it seems that the credit agreement you signed with the private person may have been misleading or incomplete. If the agreement did not mention any payments or penalties, the credit giver should not demand payment or a penalty for your resignation.... View More

1 Answer | Asked in Banking and Consumer Law for Hawaii on
Q: We finance a used car and it broke down in just 2 days, they don't want us to have a different car

They also don't give back the down payment that we paid to them

James L. Arrasmith
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answered on Apr 11, 2024

I'm sorry to hear about your difficult situation with the used car purchase. Here are a few steps you can consider taking:

1. Review your purchase contract: Carefully read through the sales contract to see if there is any language about warranties or guarantees. Look for any clauses...
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1 Answer | Asked in Consumer Law, Banking and Business Law for Missouri on
Q: thy messed up my car loan.

On 03/06/2024, I financed a 2019 Mustang GT. My credit needs work as I am young and simply have not established credit. Anyway, I was approved, signed all the paperwork, and made a nice downpayment. The rate I signed for was 17% for 48 months, and this was through Westlake. I had to have the car... View More

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answered on Apr 21, 2024

I understand your frustration and concern about the change in your car loan terms. It's unusual for a lender to request a new contract with different terms after the initial agreement has been signed. Here are a few steps you can take to address the situation:

1. Contact Westlake...
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2 Answers | Asked in Banking and Gov & Administrative Law on
Q: can one use an affidavit as proof of a car sale agreement to the bank for purposes of change of ownership

Basically I enter into a car sale agreement which stipulates that once I have completed the instalments and paid in full, will I be able to get a transfer of ownership with the bank only if I produce an affidavit stating that I paid for the car in instalment as such can I get ownership

John Michael Frick
John Michael Frick
answered on Apr 9, 2024

This may depend on the U. S. state or territory where you live. Typically, a bank is not directly involved with a change in ownership of a motor vehicle. Ordinarily, in most U.S. states and territories, there are government offices where the title to the vehicle is registered as proof of... View More

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1 Answer | Asked in Banking on
Q: If somebody paid money into your business account and only let you know 2 weeks later of this and some was used

Its a business account and stoporders and monies goes in and out. And i paid some back when i became aware of it. Now they threaten me with legal action

James L. Arrasmith
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answered on Apr 21, 2024

If someone paid money into your business account without informing you in a timely manner, and you inadvertently used some of the funds, the situation can be complex. Here are a few steps you should consider taking:

1. Document the situation: Gather all relevant information, including the...
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1 Answer | Asked in Tax Law and Banking for Mississippi on
Q: MS Code § 27-7-1103 (2020): Can I transfer funds from my 1st time home buyer savings account to another account?

In reference to MS Code § 27-7-1103 (2020) and MS Code § 27-7-1101 (2020), I have an existing first time home buyer savings account already. Specifically in reference to item #3 in MS Code § 27-7-1103 (2020), can I close the account and deposit the cashiers check into my main bank account a... View More

James L. Arrasmith
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answered on Apr 8, 2024

Based on my understanding of the Mississippi Code sections you referenced (MS Code § 27-7-1103 and § 27-7-1101) here are the key relevant points:

1. MS Code § 27-7-1103(3) states that funds withdrawn from a first-time home buyer savings account must be used for eligible costs related to...
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1 Answer | Asked in Banking for Ohio on
Q: Wells fargo is charging me monthly late fees for paying ON my due date. I use their bill pay system on their website.

They show payment was received same day, they state because it takes them extra days to process is why it's considered late

James L. Arrasmith
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answered on Apr 8, 2024

I'm sorry to hear that you're experiencing issues with Wells Fargo charging you late fees despite paying on your due date through their online bill pay system. This can be a very frustrating situation. Here are a few suggestions on how to address this:

1. Contact Wells Fargo...
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1 Answer | Asked in Banking for Indiana on
Q: me and my ex broke up car loan my name first his 2nd can i go get it from him if i am the primary loan holder indiana
James L. Arrasmith
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answered on Apr 21, 2024

Based on the information you provided, it seems that you and your ex had a car loan together, with your name listed first on the loan and your ex's name listed second. The car is currently in your ex's possession, and you are wondering if you can retrieve the car from him since you are... View More

1 Answer | Asked in Banking and Juvenile Law for California on
Q: how can I make a new account with the same credit union who i have a chexsystems history with when i was a minor

a couple years ago my dad made me a shared account as a minor for this credit union, mission federal, one day i zelled myself about $400 and spent it of course using the credit card information on the account he made for me when i was a minor , i lied to him said it wasent me and he left it at that... View More

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answered on Apr 8, 2024

Under California law, credit unions are allowed to deny opening an account based on information from ChexSystems, which is a consumer reporting agency that tracks banking history. However, there are a few things you can do to try to open a new account with Mission Federal Credit Union:

1....
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1 Answer | Asked in Banking and Small Claims for California on
Q: My niece forwarded mail to me to support her online purchases then claimed I stole her card and money. The Law here?

a debit card arrived at my home, she asked me to open and see what card it was and help her purchase items for delivery to her at a hotel. I did this and she then is claiming I stole the card and has been avoiding me to close the communication so she can " go to police" and accuse me of... View More

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answered on Apr 8, 2024

Under California law, your actions do not appear to constitute theft or any other crime based on the information provided. Here are a few key legal points to consider:

1. Consent: If your niece asked you to open the mail containing her debit card and make purchases on her behalf, you had...
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1 Answer | Asked in Contracts, Employment Law, Estate Planning and Banking for Texas on
Q: Statues of limitations where do I send annuity checks that were written 2010?

I called Nationwide Bank to get canceled checks of my annunity checks that were cashed by someone else in June of 2010. The representative at Nationwide bank told me I had to report it to the Department of Labor, I called DOL, I was told they didn't handle this. Can anyone tell me who I can... View More

James L. Arrasmith
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answered on Apr 21, 2024

I apologize for the confusion and difficulties you are facing regarding your annuity checks from 2010. Here are a few steps you can take to address the situation:

1. Contact the annuity provider: Reach out directly to the company that issued the annuity. They should have records of the...
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1 Answer | Asked in Banking, Business Law, Civil Rights and Constitutional Law for California on
Q: Target By gov .paid informants Fresno police officers
James L. Arrasmith
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answered on Apr 5, 2024

I'm very sorry to hear that you feel you are being targeted by government paid informants and police officers. That must be an incredibly stressful and frightening situation.

If you genuinely believe you are being unlawfully targeted or surveilled, I would strongly encourage you to...
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1 Answer | Asked in Consumer Law, Contracts and Banking on
Q: My boss has gotten txt messages about my private credit card twice now bank denies any legal action I can take?
Matthew McKenna
Matthew McKenna
answered on Apr 5, 2024

If it is the bank that originally loaned the money, it will likely depend on your state's consumer protection laws. If it is from a third party debt collector, it is likely governed by the Federal Fair Debt Collection Practices Act. I would consult with a consumer protection attorney as many... View More

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