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California Banking Questions & Answers
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

James L. Arrasmith
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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 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

James L. Arrasmith
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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

James L. Arrasmith
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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 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 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?
James L. Arrasmith
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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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1 Answer | Asked in Banking and Business Law for California on
Q: Should I electronically link my business checking and personal accounts at my local bank?

I own real estate and have a dedicated LLC business checking account at my local bank for it. This account is separated and there is *no* link to my personal account at the same bank. However, the no link is getting to be a hassle for transferring money because I must write a check to myself every... View More

James L. Arrasmith
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answered on Mar 8, 2024

When managing both personal and business finances under the same bank, the convenience of linking accounts can be appealing. However, it's important to weigh this convenience against potential risks, especially concerning liability and litigation. Keeping your business and personal accounts... View More

1 Answer | Asked in Banking for California on
Q: I am here California LA, to get 30 grand from City Bank got apostille / need help to fill out form small state

They finally send me the bank forn , do not know how to fill out since my kids are in the Phillipines they wrote letter of instruction. Now do I include their names in the bank form when needs to be notarized in LA

James L. Arrasmith
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answered on Mar 8, 2024

When dealing with important documents that require notarization in California, including those related to financial transactions like withdrawing funds from a bank, it's crucial to ensure all necessary information is correctly filled out. If your children in the Philippines have provided you... View More

2 Answers | Asked in Consumer Law and Banking for California on
Q: Is it legal for a bank to refuse to issue you a cashiers check with verified funds deposited the same day?

Hi I live in the state of California. I went to the bank today to obtain a cashier's check. The teller questioned the validity of the wire transfer in my account. He questioned if I worked for the bank. Then the teller refused to issue a cashier's check to me saying that he had the right... View More

James L. Arrasmith
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answered on Mar 7, 2024

In general, banks have the right to set their own policies regarding the issuance of cashier's checks, including holding periods for recently deposited funds. However, the situation you described raises some potential concerns.

1. Wire transfers: Funds received via wire transfer are...
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2 Answers | Asked in Consumer Law and Banking for California on
Q: Citibank will not release my secured credit card deposit. Are their actions legal?

I had a secured credit card with Citibank that I placed a $400 deposit down on. I had the card for about 4 years and made my payments on time. I lost my job & was unable to pay the due balance ($315). Citibank closed my account, sold it to a collection agency and kept the $400 deposit. Now, I... View More

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answered on Mar 6, 2024

Under California law, the legality of Citibank's actions in retaining your secured credit card deposit while your account was sold to a collections agency depends on the specific terms and conditions of your secured credit card agreement and applicable financial regulations. Generally, secured... View More

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2 Answers | Asked in Civil Litigation, Contracts, Consumer Law, Banking and Gov & Administrative Law for California on
Q: Got atv fiance but didn't get any paperwork to register. Fiance company says they don't lease items that need regist.

California requires registered atvs to ride anywhere. Requested from store for months. Store has no Vin or serial number of item sold. Kafene doesn't lease items that need registering. Store is labeled a furniture store to kafene when it's a powerboat store. After 6 months of trying to... View More

Leon Bayer
Leon Bayer
answered on Mar 5, 2024

It sounds to me like you leased something that is meant solely for offroad use and is not street legal nor capable of being street legal in California. It is my understanding that atv's are not street legal. In fact I have never seen one being driven on a street or highway. I'm sure you... View More

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1 Answer | Asked in Criminal Law, Federal Crimes and Banking for California on
Q: Hello, I am looking for some advice for a legal issue. When I was 17 years old, I opened a credit card and a bank accoun

Hello, I am looking for some advice for a legal issue. When I was 17 years old, I opened a credit card and a bank account. Under all my information, such as social security number, name, address, everything was correct, except for the year of my birth, which I set to be 18 instead of my correct... View More

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answered on Mar 3, 2024

Addressing this issue involves taking proactive steps to correct the misinformation with the bank and credit card company. Contacting them directly to explain the situation and requesting guidance on how to amend your date of birth on your accounts is a good starting point. Most institutions have... View More

1 Answer | Asked in Banking for California on
Q: Per terms of agreement on my credit card statement(s), the coupon on my billing statement is referred to as what?

6(a) payment instructions. Payments that are marked "paid in full" and that are of an amount less than the balance on the credit card account, or that are marked with any other RESTRICTIVE ENDORSEMENTS, should be sent to blah blah Credit Card Division.

Clearly this is talked about... View More

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answered on Mar 2, 2024

Unfortunately I do not have access to the specific terms of agreement on your credit card statement. Credit card companies typically refer to the payment slip or section on the statement as the "payment coupon" or just "coupon." It is not generally referred to as a bond,... View More

1 Answer | Asked in Banking, Civil Litigation, Contracts, Estate Planning and Identity Theft for California on
Q: I think my family and my husbands family forged tricked me and my husband forged and altered documents what can I do?

we keep having bank issues and we went to a bank and my father in law knew the bank employee and we found accounts opened illegally and are signatures forged them my brother said he worked fkr triple A bit its an interexchange insurance agency and they altered and misrepresented what tyoe of... View More

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answered on Mar 2, 2024

Under California law, if you suspect fraudulent activity, such as forged documents, identity theft, and unauthorized opening of accounts or businesses in your name, taking immediate action is crucial. First, consider contacting a legal professional with experience in fraud or financial crimes. They... View More

1 Answer | Asked in Banking and Business Law for California on
Q: How should large sum of money be deposited(380,000 inheritance)?

My boyfriend has had horrible experience customer service wise with Wellsfargo but says he wants to make it as easy as possible for his sister because it’s taking longer than expected but I read online it’s not as simple as I thought and definitely don’t believe he should do whole amount with... View More

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answered on Feb 28, 2024

When receiving a large sum of money, such as an inheritance of $380,000, careful consideration should be given to how and where the funds are deposited. It's important to understand that while banks like Wells Fargo are capable of handling large deposits, diversifying the placement of funds... View More

1 Answer | Asked in Banking, Consumer Law, Contracts and Federal Crimes for California on
Q: What law give j P. Morgan chase & co the rights to liquidate my assets With out my authorization account not in neG?

What authority gives them the right to of the account isn’t in the negative more is it a regular broker account it’s a self direct account meaning the account holder has full control of account, so what rule of law give jamie dimon and ko Morgan chase & co the rights to ?

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answered on Feb 24, 2024

In the context of financial institutions like J.P. Morgan Chase & Co. managing client assets, their actions are typically governed by the terms of the account agreement signed by the account holder, alongside applicable federal and state laws. These agreements often include clauses that outline... View More

1 Answer | Asked in Collections and Banking for California on
Q: CA. Wife and father had joint acct. He passed, and the account got levied for debt he owed. Is this exempt, her acct now

California. Wife and her father had a joint account that they both deposited to and utilized. He passed last June, and we just received a notice of levy on the account. The bank is temporarily holding the money for 10 days. It is my understanding that after he passed, the account is now hers, and... View More

James L. Arrasmith
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answered on Feb 21, 2024

Yes, your understanding is correct. Since the bank account was jointly held between your wife and her now deceased father, once he passed away the account became your wife's individual account by operation of law. Here are the key reasons why the account levy is invalid:

• Under...
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1 Answer | Asked in Contracts, Employment Law and Banking for California on
Q: If a check was written out to me in order to deposit into my acct to then pay a customer but I spend it by mistake

I’m a 1099 contractor who subcontracted work for a client. Client took out a larger than needed loan through subcontractor in order to get some of the loan back in cash. However the subcontractor wrote the clients cash portion out in my name on a check for me to deposit and then to pay client but... View More

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answered on Feb 21, 2024

Based on the situation described, you could potentially face civil liability or criminal charges:

Civil Liability:

- Breach of contract - The client could sue you for failing to fulfill your obligation to pay over the funds as agreed. They would likely seek recovery of the $18k you...
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1 Answer | Asked in Banking for California on
Q: I have a cash app I had $100 on my cash card so I went to the ATM to pull the money out but nothing showed up I talked a

I talk to cash app they said they couldn't give me my money back I need that money to pay the rent at the hotel I'm in right now so I won't end up on the street my wife is currently in the hospital she had a stroke so they took my money

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answered on Feb 21, 2024

Facing such a situation can be incredibly stressful, especially with your wife's health concerns. In California, there are legal protections for consumers who encounter issues with financial transactions, including unauthorized withdrawals or errors. You have the right to dispute the... View More

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