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California Banking Questions & Answers
2 Answers | Asked in Banking, Business Formation, Business Law and Consumer Law for California on
Q: do I need a license to practice law? If not, under equal protection, as PRIVATE COUNSEL, am i entitled to a free listing
William John Light
William John Light
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

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1 Answer | Asked in Banking, Civil Litigation, Construction Law and Contracts for California on
Q: How do I dispute a $40,000 charge on a backyard renovation that did not get completed as agreed per the contract?

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

James L. Arrasmith
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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

1 Answer | Asked in Consumer Law and Banking for California on
Q: What is the statue of limitations to sue a bank for denying a fraud claim for an unauthorized electronic funds transfer?

It happened 2 years ago out of my personal checking account.

James L. Arrasmith
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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

4 Answers | Asked in Car Accidents, Consumer Law, Contracts and Banking for California on
Q: 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

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

Leon Bayer
Leon Bayer
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...
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1 Answer | Asked in Family Law and Banking for California on
Q: If I have Power of Attorney over my brain-disabled wife's affairs, can a bank refuse to remove her from our accounts?

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

James L. Arrasmith
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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

1 Answer | Asked in Contracts, Banking and Small Claims for California on
Q: Bought car for friend. She’s the co-signer. I’m main. She can’t make payments and has possession of car. Can I take it ?
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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

1 Answer | Asked in Banking for California on
Q: Bank of America is suppsed to have cfpb enforced payments for extra junk fees and against zero liability recent illegal
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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

2 Answers | Asked in Criminal Law, Admiralty / Maritime and Banking for California on
Q: How can I obtain copies of the official bonds of Los Angeles county Superior Court judges and the clerk/executive office

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

Robert Kane
Robert Kane
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

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2 Answers | Asked in Contracts, Foreclosure, Banking and Business Law for California on
Q: UPDATED: Guarantor responsibility when borrower SUFFERS unforeseeable illegal actions that result in impossibility

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

Robert Kane
Robert Kane
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.

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1 Answer | Asked in Banking and Business Formation for California on
Q: What is the proper way to initiate Arbitration/ litigation so return of money already paid under an fraud contract.

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

James L. Arrasmith
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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

1 Answer | Asked in Bankruptcy, Banking and Business Law for California on
Q: When does corporate bankruptcy for a single member LLC risk personal bankruptcy or liability for the owner/member?

-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

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law and Banking for California on
Q: My friend ask me help him to transfer money by Zelle. I suspect he laundering money. What should I do to avoid trouble?

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

1 Answer | Asked in Banking for California on
Q: Can I use money from a joint account with my grandma?

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

James L. Arrasmith
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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

1 Answer | Asked in Contracts, Banking and Civil Litigation for California on
Q: If a bank refuses to close your account and send you your money, what are your options?

Ideally I'd like to convert the deposit into an at-will direct loan with an inflated fixed-rate until they decide to end it by sending me the balance.

The goal is to get my money that is currently stuck earning an abysmal 0.05% APR into a vehicle generating significantly greater... View More

James L. Arrasmith
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answered on Aug 28, 2024

If a bank refuses to close your account and release your funds, you have several options to consider. First, make sure you have fulfilled all requirements needed to close the account, including any necessary signatures from both you and your father as the custodian. You can escalate the issue by... View More

1 Answer | Asked in Banking for California on
Q: My bank had a cyber attack and shut down all access to my account except through venmo/cash app or atm.

They couldn't give us our balances, didn't know if direct deposit worked, etc. So I opened an account for my son when he was under 18, so I am the primary on the account. He is now 24. So during this cyber attack he decided to go to atm and withdraw $500 several times in a day and $1500... View More

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answered on Aug 24, 2024

It’s understandable that you’re concerned about the financial impact of this situation. Unfortunately, as the primary account holder, you are legally responsible for any overdrafts or debts on the account, even if your son made the transactions. You cannot press criminal charges to avoid... View More

1 Answer | Asked in Criminal Law and Banking for California on
Q: What kind of Lawyer do I need to file against a bank and my husband for cashing a check I didn't sign.

My husband cashed a check for $9K . at our bank without my signature and I wish to sue them in unlimited civil but don't know what kind of attorney I need.

James L. Arrasmith
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answered on Aug 18, 2024

To address your situation, you should seek the assistance of an attorney who handles cases involving banking law and family law. These types of lawyers are experienced in dealing with disputes involving financial institutions and can help you navigate the complexities of holding a bank accountable... View More

1 Answer | Asked in Consumer Law and Banking for California on
Q: Does The substation 1611 mean that I can get a personal loan in the bank nor any other loan company can't deny me
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answered on Aug 17, 2024

Under California law, Section 1611 of the Civil Code does not guarantee approval for a personal loan from a bank or any other loan company. Loan approvals depend on several factors, including your creditworthiness, income, debt-to-income ratio, and the lending institution’s policies. Even with... View More

1 Answer | Asked in Banking, Civil Litigation, Intellectual Property and Mergers & Acquisitions for California on
Q: I have a company that has illegal control over my technology how do I get an emergency injunction against them to stop

I have a 20 million dollar lawsuit against a company for breach of contract. They are still using my technology how can I stop them now. they are going to put that money into another account.

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answered on Aug 13, 2024

To stop the company from using your technology immediately, you need to file for a temporary restraining order (TRO) in court. A TRO is an emergency measure that can halt their actions until a formal hearing can be held. You'll need to demonstrate that you’re likely to win your case and that... View More

1 Answer | Asked in Immigration Law and Banking for California on
Q: Mexican Bank Statement: Do I need all pages translated or just one that shows the main information regarding balance 7p?

In addition to the Mexican Bank Statement Question, if I have a Mexican appraisal, do I need to translate all pages or is one enough that shows the value of the home?

James L. Arrasmith
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answered on Aug 9, 2024

When dealing with a Mexican bank statement for immigration purposes, it’s typically sufficient to translate only the pages that show essential information, such as your name, account number, and balance. However, some authorities may request the entire document to ensure all information is... View More

1 Answer | Asked in Immigration Law and Banking for California on
Q: On a bank statement that is in Spanish, do all pages need to be translated, or only the one that has the account total?

I'm translating one page that shows the amount that is in the bank account in Mexico; however, there are seven pages, the first page has the most relevant information. Would the consulate officer see the first page of the bank statement that is translated and accept the figure shown without... View More

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answered on Aug 8, 2024

Under California law, it is generally recommended to translate all pages of the bank statement. While the first page with the most relevant information, such as the account total, may seem sufficient, consulate officers may require a complete translation to verify the accuracy and context of the... View More

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