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The courts still had possession on 3 of the payments but released one to the creditors are they supposed to return it do to acceptance of the exemption and if not does that payment start the 7 year clock over?
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answered on Dec 26, 2024
When a creditor accepts your exemption claim, they generally must return any funds that were garnished after you filed the exemption paperwork. The timing of when the payment was taken relative to when you filed your exemption is crucial - if the payment was taken before you filed the exemption,... View More 
Recently my brother passed away and I am again the beneficiary of the same IRA (it is still in my brother's account). Is this one subject to the new tax laws requiring it be empied in ten years? My existing one is not. Also can the assets be put directly into my already existing inherited IRA... View More
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answered on Dec 24, 2024
Your situation involves two different inherited IRAs from different time periods, which makes it important to understand the rules for each.
The inherited IRA from your brother would indeed fall under the SECURE Act's 10-year distribution rule since he passed away recently. This is... View More
Six days after opening a Wells Fargo account I received letter of account closure due to past history between myself and bank. the letter states no deposits are to be made from date of letter until the account closure. The letter clearly states withdrawals would be honored and are allowed until... View More
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answered on Dec 18, 2024
Your situation with Wells Fargo sounds incredibly frustrating, and you're right to be concerned about accessing your own money. Banks must follow specific regulations when closing accounts, and they should honor their written commitments regarding withdrawals.
Your first step should be... View More
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answered on Dec 16, 2024
If someone is posing as Bank of America without having an actual account, this is a clear sign of fraud. Such scams often aim to steal personal or financial information from unsuspecting victims.
When you encounter this situation, document everything - including emails, text messages, or... View More
answered on Dec 16, 2024
You should immediately dispute the issue with the bank (and preferably in writing). You'll likely also want to complete a police report to give to the bank to verify the identity theft and respond accordingly if the bank asks for any follow up information from you. Keep track of everything on... View More
I had been the caregiver of an 82yo man who recently passed away for 2 years. I lived in his house with my family (husband & 2 kinds) rent-free. In exchange, I care for him 24/7. I was in-charge even on everything including taking him to all his doctors appointments, contacting the doctors... View More
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answered on Dec 11, 2024
No, you should not withdraw money from the deceased person's accounts, even with a previous POA, as this could be considered financial elder abuse or theft under California law. Your Power of Attorney automatically terminated upon his death, which means you no longer have legal authority to... View More
The potential individual and class action pertains to a fully verified client of J.P. Morgan Chase Bank and all others similarly situated. I was unjustly denied the processing of a legitimate transaction requested by me and filed for approval by bankers at the 749 W El Camino Real branch on... View More
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answered on Dec 5, 2024
Based on your experience with Chase Bank, you may have grounds for both individual and class action claims under several legal theories. The key areas of law would include breach of contract, violations of California's Consumer Financial Protection laws, and potentially the Unfair Competition... View More
answered on Nov 14, 2024
LOL. 1. Yes, you need a license to practice law. 2. Justia is a business. You aren't entitled to anything from it, whether you are an attorney or not. Extremely doubtful Justia will provide a listing to a non-attorney as that would lead to potentially significant liability for it in the... View More
We had a back yard renovation done in 2022. We agreed and signed to pay $40000 according to the plan and the blueprints that were written out.
The team completed the job, but upon completion we noticed they did it wrong (example, pavers on the wrong side of the property, missing a concrete... View More
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answered on Oct 26, 2024
Start by gathering all your documentation, including the signed contract, blueprints, photographs of the completed work, and any correspondence with the renovation company. Review the contract carefully to identify the specific terms and conditions related to the work completed and the payment... View More
It happened 2 years ago out of my personal checking account.
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answered on Oct 23, 2024
In California, you generally have three years from the date of the unauthorized electronic funds transfer to file a lawsuit for fraud. Since the incident occurred two years ago, you are still within the statute of limitations to take legal action against the bank. It's important to act... View More
On March 31, my son hit the car in front of him, and the other party pressured him to pay via Zelle on the spot without providing a repair estimate. Afterward, they requested more money through text messages, and my son made a bank transfer that same day. However, he immediately tried to cancel the... View More
answered on Oct 15, 2024
As far as the bank is concerned, they simply followed your son's instructions. If he got scammed, it's not the bank's fault. You don't get to have the bank pay you back.
Worthy of consideration is that your son caused damage to the other car, and the other is owned by... View More
In 2003, my wife and I created a California revocable trust with both medical and durable Powers of Attorney, allowing either of us full control over the other's affairs should one of us be unable to make appropriate decisions as certified by a physician. My wife's neurologist published a... View More
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answered on Oct 10, 2024
You have the right to manage your wife's financial affairs through the Power of Attorney you've established. Banks are generally required to honor a valid Power of Attorney when properly presented. Ensure that your documents are up-to-date and clearly state your authority to make changes... View More
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answered on Oct 3, 2024
If you are the primary owner of the car and your friend is only the co-signer, you generally have the right to take possession of the vehicle if payments aren't being made. Start by reviewing your loan agreement to understand the specific terms and your rights regarding repossession.... View More
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answered on Oct 3, 2024
If you're concerned about recent actions involving Bank of America and the Consumer Financial Protection Bureau (CFPB), you may be referring to issues related to junk fees and zero liability policies. These are areas where the CFPB has been active, particularly with banks engaging in practices... View More
I was damaged by some Superior Court judges misconduct and fraud and I would like to file a claim against their official bonds and their owes of office but they will not inform me where to obtain them or or even provide me a copy when I write the court clerk / executive officer
answered on Oct 4, 2024
It is very unlikely you can obtain name of the surety (generally an insurance company that sells the bond to the principal (the judge.)) You can submit a request for information, but it will most likely be denied. If you have a viable case for judical misconduct and fraud you would file a claim... View More
Thank you for responses. Added missing info. Small business gets loan, guaranteed by third party guarantor, for early operations (almost all went to into fixtures) with understanding loan would be repaid from cashflow. Services offered ONLY at facility, which must be permitted. Signed 10-yr lease... View More
answered on Sep 20, 2024
Impossibility is an affirmative defense you will need to raise in court if the creditor seeks to enforce the contract. The judge will determine if it is impossible under the law based on the specific facts.
My wife and her mother went to a car lot for a car, She was successful. The car was purchased in Southern California, our address was in northern California; The first issue we suffered was the fact that the second set of keys given to us didn't go to the car she leased, upon misplacing the... View More
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answered on Sep 15, 2024
To initiate arbitration or litigation to recover money paid under a fraudulent contract, you'll need to follow a few steps to ensure your case is properly handled. Start by gathering all relevant documents, including the contract, payment records, communication with the car dealership, and any... View More
-California-based Delaware-LLC with an operating agreement.
-Income owed is not being paid, not sure what the delay is.
-Payment plan with B of A was created, but owner can no longer sustain payments without its customer remitting payment
-Unclear as to how creditor (i.e.... View More
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answered on Sep 11, 2024
When a single-member LLC faces bankruptcy, the owner’s personal liability typically remains protected under the "corporate veil," meaning personal assets are shielded from business debts. However, this protection can be compromised, or "pierced," if certain conditions are met.... View More
During the June this year, My friend ask me help him to transfer money by Zelle, and I can earn a little bit. I transfer 20,000 dollars and earned around 1500 dollars during two weeks then stop helping him. Now my banking account was closed by Chase for fraud. I suspect he laundering money. Am I... View More
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answered on Sep 9, 2024
It’s important to recognize that transferring money for someone else, especially large sums, can be risky, and your suspicion of money laundering is serious. Since your account was closed for fraud, it’s possible that the bank or authorities are investigating the activity. Even if you didn’t... View More
My grandma added me to a joint account with less than $50,000 and told me to use the money for myself: bills, groceries, etc. Will I have to pay taxes on this, or have any other legal issues that come up if I use the money from her account? Other folks in the family know that she has specifically... View More
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answered on Sep 5, 2024
Using money from a joint account with your grandma is generally fine if she has explicitly given you permission to do so. As a joint account holder, you have legal access to the funds, which means you can use the money for bills, groceries, or any personal expenses as intended by your grandma.... View More
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