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1 Answer | Asked in Insurance Bad Faith, Consumer Law, Foreclosure and Banking for Texas on
Q: auction.com has my property listed for auction 4/2/24. I was not given proper legal notification

What can be done, other than bankruptcy to immediately stop my home from going to auction? I only was made aware of my property going to auction by setting a reminder on the website for my property. The bank cancelled a Nov 23’ auction. I have not received tax forms from the lender since 2019 and... View More

James L. Arrasmith
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answered on Apr 1, 2024

I'm so sorry to hear about the challenging situation you're facing with your home potentially being auctioned off, especially given the lack of proper notification and other issues you've described with your lender. This sounds very stressful and I can understand your urgency in... View More

1 Answer | Asked in Real Estate Law and Banking for Georgia on
Q: I need help to obtain a mortgage loan modification.

I have attempted numerous times to get a loan modification, but my mortgage never approves it. They lie and repeatedly request the same information. I sent that to them, but they say that they never received anything from me. This has been ongoing for the past 4 months. I don't want to lose... View More

James Clifton
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James Clifton
answered on Mar 30, 2024

Filing for a loan modification or loss mitigation can be very frustrating and time consuming. The loan servicers make the process very difficult and often times give you very little time to correct any deficiencies in the submission. You have to be persistent, follow up daily, request an... View More

1 Answer | Asked in Banking for Wisconsin on
Q: I deposit a check and it was fraudulent and now the bank wants me to pay the check is this legal?
James L. Arrasmith
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answered on Mar 29, 2024

If you deposited a check that turned out to be fraudulent, it's understandable that this situation would be stressful and confusing for you. Banks have policies in place to deal with fraudulent checks, and unfortunately, these policies often include holding the depositor responsible for the... View More

1 Answer | Asked in Banking for Arizona on
Q: When dealing with a bank withholding your funds or locking your account what can be done?

It's go2bank. Our taxes arrived and after making a fee transactions they locked the account without our permission saying there was suspicious activity.

James L. Arrasmith
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answered on Mar 30, 2024

I'm sorry to hear you're dealing with this stressful situation with your bank account being locked. Here are some steps you can take:

1. Contact go2bank customer service directly to inquire about why your account was locked and what specific activity they deemed suspicious. Ask...
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1 Answer | Asked in Banking for Texas on
Q: about three weeks ago my checking account with so fi bank was frozen. I cannot get any answers as to why this happened

I cannot remove the approximately $3000 in there. I am a widow who lives alone on a fixed income. what can i do?

James L. Arrasmith
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answered on Mar 30, 2024

I'm sorry to hear about your situation. Having your bank account frozen without explanation can be very stressful, especially when you rely on that money for your living expenses. Here are a few steps you can take to try to resolve the issue:

1. Keep trying to contact SoFi Bank:...
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2 Answers | Asked in Collections, Social Security and Banking for Missouri on
Q: If the credit card company is to get a default decision on my account , (Which I expect) . What this company do next ?

I need to know , first , do I have to appear in court . Then what options does this credit card company have after getting a default decision ?

Joel Gary Selik
Joel Gary Selik
answered on Mar 27, 2024

When you are served with a lawsuit in, other than small claims, you must file a response, such as a motion to dismiss or an answer with affirmative defenses. Failure to do so will cause you to lose the case and a judgment be entered against you.

Once a judgment is entered, bank accounts...
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2 Answers | Asked in Banking, Business Law and Contracts for New York on
Q: How to dispute a charge with credit card company due to merchant not providing all services in contract.

Contract says "no refunds" but they didn't provide all of the services.

James L. Arrasmith
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answered on Mar 26, 2024

If you're facing issues with a merchant who hasn't provided all the services outlined in your contract, even though it states "no refunds," you can still dispute the charge with your credit card company. Begin by gathering all relevant documentation, including the contract, any... View More

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2 Answers | Asked in Consumer Law and Banking for New Jersey on
Q: Hello, Should I accept a settlement check from Wells Fargo class action suit or am I entitled to more than the offer

Wells Fargo is willing to settle with me for 1,300$ Should I take their offer or am I entitled to more. I have no record of this account or how much money was actually in it.

James L. Arrasmith
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answered on Mar 25, 2024

Deciding whether to accept a settlement check from Wells Fargo requires careful consideration. First, review the details of the class action suit and how your specific circumstances align with the case's parameters. Without records of the account or the amount involved, it's challenging... View More

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1 Answer | Asked in Tax Law and Banking for Ohio on
Q: can you deposit a federal income tax check in your account for someone in Jail if you have their financial poa?
James L. Arrasmith
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answered on Mar 22, 2024

If you have a financial power of attorney (POA) for someone who is currently incarcerated, you generally have the authority to manage their financial matters, including depositing checks on their behalf. This includes federal income tax refund checks. However, the specific actions you can take... View More

1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for Georgia on
Q: And the course of a night I wake up to my checking account being overdrawn by 97 different cash app transactions ranging

From $47-$49 each. I use Bank of America who I’ve been a customer with for 34 years never have I had anything like this and they deny my claim and close the claims and finalize it… what actions or steps should I take to get my money back we’re talking over 3000 overnight.

James L. Arrasmith
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answered on Mar 25, 2024

If your checking account has been overdrawn due to unauthorized transactions, the first step is to contact Bank of America immediately, if you haven't already done so. Express your concerns clearly and request a thorough investigation. Despite the initial denial, you have the right to ask for... View More

1 Answer | Asked in Banking for Ohio on
Q: Daughter in jail. Have her federal tax refund. Getting POA. Can I deposit the check into an new account to use for her?

She is in Florida jail and I live in OHIO . The account would be in my name and used for her.

James L. Arrasmith
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answered on Mar 25, 2024

If you are obtaining a Power of Attorney (POA) to manage your daughter's financial matters while she is incarcerated, it's crucial to understand its scope and limitations. The POA should specifically allow you to handle her tax matters and bank accounts. Ensure that the document is... View More

2 Answers | Asked in Banking, Elder Law and Estate Planning for Georgia on
Q: Bro & I have POA for 93 yr old Mom.He takes her $. Mom has to sell house to pay for care. Where put $ keep from him?

She is in asst livg. He uses credit card for her meds etc & 4 himself & checks from her SS. I live diff state. Property val near $1 m. All her cash is gone, for her care. What vehicle to use for sale proceeds ensure safety of $?

Nina Whitehurst
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answered on Mar 21, 2024

If your brother is stealing from your mother, you might need to file a petition to have yourself appointed as your mother‘s conservator. Then, as conservator, you can sue your brother for the funds he stole. And, as conservator, you will have the sole right to manage her financial affairs going... View More

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1 Answer | Asked in Banking for Ohio on
Q: If a parent deposits money in my checking account. Is it their money or mine?

I'm looking to move out against my parent's wishes. I have a checking account. I'm the sole owner of but my parent has access to and transfers funds to use for my college education. There is no written agreement or contract on how the funds will be used. Can I still use the money or... View More

James L. Arrasmith
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answered on Mar 25, 2024

When money is deposited into your checking account, and you are the sole owner, legally, the funds typically become yours. However, since the money was given by your parents for a specific purpose, such as your college education, there's an implied understanding about how it should be used.... View More

1 Answer | Asked in Banking for New York on
Q: Stripe has held my funds for 90days - can my lawyer send them a legal complaint even if their agreement allows it

What legal action can I take?

James L. Arrasmith
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answered on Mar 25, 2024

If Stripe has held your funds for 90 days and you believe this is unjustified, it's understandable that you would be concerned and consider taking action. Yes, your lawyer can send them a legal complaint regardless of the agreement's terms if they believe there are grounds for dispute.... View More

1 Answer | Asked in Contracts, Banking and Collections for Tennessee on
Q: Defaulted on an auto loan, they want to repossess, I have title in hand with no lien holder listed, can they take it?

Former boyfriend purchased a vehicle for me, got into a wreck, insurance paid off the loan, got the exact same vehicle again and bank sent the title for the new vehicle to us, title only shows boyfriends name and shows the new cars VIN number, no lien holder listed, can they still take it?

James L. Arrasmith
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answered on Mar 20, 2024

If the title to the vehicle is in your former boyfriend's name and does not list a lien holder, this typically means there is no legal claim on the vehicle from the bank, as it usually would be listed if there was an outstanding loan secured by the vehicle. However, if there was an error and... View More

1 Answer | Asked in Consumer Law, Banking and Business Law for New York on
Q: How do I remove a delinquent/ charged off business credit card from my credit file for good?

My last payment on the credit card was 4/2020. I never made another payment because they closed my account. They recently updated it to a charge off on my credit report around 09/2023. Since this is a business credit card, how can I dispute it to be removed from my personal credit report for good?

James L. Arrasmith
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answered on Mar 20, 2024

First, check whether the business credit card was indeed under a personal guarantee. If it was, the delinquency could rightfully appear on your personal credit report. However, if the card was strictly under the business's name without any personal guarantee, you might have grounds to dispute... View More

1 Answer | Asked in Elder Law, Estate Planning and Banking on
Q: Estate.I have had people tell me that my sister n law took 20 k from my Mom acct when she was still alive.elder abuse?

Witnesses...and my Brother told me 5000. To read will talked to my moms lawyer ,he no longer has the estate they moved to another lawyer.

James L. Arrasmith
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answered on Mar 20, 2024

If someone took $20,000 from your mother's account without her consent, especially if she was vulnerable, this could indeed be considered elder abuse, which is a serious issue. It's important to collect all evidence, such as witness statements and financial records, and keep detailed... View More

1 Answer | Asked in Divorce, Banking and Family Law for California on
Q: Ex has not turned off automatic monthly deposit to my bank. It’s not spousal or child support. Can he sue me for $ back?
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answered on Mar 18, 2024

Under California law, if someone accidentally sends you money, such as through an automatic monthly deposit, they have the right to request the return of those funds. This principle applies regardless of the relationship between the parties involved. If your ex-partner has been making deposits into... View More

1 Answer | Asked in Banking for California on
Q: Disputing Cash APP debit card transaction(s) for breach of contract, what verbiage do I use to get approved I have proof

I have been disputing transactions with Cash App, I hired a marketing firm that made claims that are proven untrue. Before I signed up with this marketing company, I asked why them. They claimed all their work is done in-house, top tier graphic designers, etc. Then they went into their awards and... View More

James L. Arrasmith
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answered on Mar 16, 2024

In California, when disputing a debit card transaction on grounds of breach of contract, it's crucial to present your case clearly and concisely. If you have evidence showing that the marketing firm made false claims about their credentials and partnerships, this can indeed form the basis of a... View More

2 Answers | Asked in Consumer Law and Banking for California on
Q: A checkashing place is charging me $1,500 to cash a $21,150 government check in california. Legal? Or not?

I thought that in California the max that a checkashing place could charge you to cash a government check is 3% How do I hold them accountable to get my money back?

James L. Arrasmith
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answered on Mar 16, 2024

Under California law, the maximum fee that can be charged for cashing a government check is generally lower than what you've been charged. If the fee exceeds the legal limit, which often is around 3% for government checks, then the charge of $1,500 for a $21,150 government check appears to be... View More

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