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California Banking Questions & Answers
1 Answer | Asked in Banking, Business Formation and Business Law for California on
Q: Hi, which licenses are needed for a business that holds customers money in accounts that they can access across country?

At first I thought a money transmitter license was needed, but since no money is sent on behalf of the user to someone else, and instead it’s just them withdrawing/depositing in other areas, it doesn’t seem that is needed. ThankS!

Robert Lopez
Robert Lopez
answered on Feb 13, 2019

Hi, every state is going to have a different law and most will require a slightly different type of license. The most common type of license is a "money transmitter" license. Most, but not all, of these licenses are regulated by each state's Department of Banking Department/Division.... View More

2 Answers | Asked in Bankruptcy, Banking and Probate for California on
Q: im ready to dig up my money
Aaron Michael Lloyd
Aaron Michael Lloyd
answered on Jan 10, 2019

If you are interested in scheduling a bankruptcy consultation please contact one of us and we can get you in for a free consultation.

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1 Answer | Asked in Consumer Law, Banking and Civil Litigation for California on
Q: Is it mandatory to include a verification pleading with an interrogatories, discovery's and admissions ?

Can I file a protective order against the bank I'm suing for harassment?

William John Light
William John Light
answered on Dec 15, 2018

A Verification is provided with discovery responses, not with the actual discovery.

1 Answer | Asked in Criminal Law, Banking, Civil Rights and Communications Law for California on
Q: Is it legal to install spyware on another persons phone without their consent or knowledge?

My personal device was breached (empirical data available) I am licensed and work in the financial sector and, it is plausible and likely that some of my clients sensitive data could have been compromised as well. I know the implications on the FIN REG side. I need to know what my next move is.... View More

Dale S. Gribow
Dale S. Gribow
answered on Nov 17, 2018

MORE INFO NEEDED

HIRE A LAWYER AND REPORT TO POLICE AND HAVE THE DA PROSECUTE.

1 Answer | Asked in Banking and Consumer Law for California on
Q: What can i do if I was the victim of a scam involving false cashiers checks and now my bank took my disability check?

I was the victim of a scam involving false cashiers checks. I asked the tellers at my bank if the checks were legit and they said yes and gave me the cash. Then they said the checks were fake and over drafted my account. When i got my disability check deposited, they took the entire check and said... View More

William John Light
William John Light
answered on Aug 30, 2018

You should notify:

Federal Trade Commission (FTC):by telephone at 1-877-FTC-HELP or file an electronic complaint via their Internet site at https://www.ftccomplaintassistant.gov/#crnt&panel1-1.

Internet-based scams–Federal Bureau of Investigation (FBI) Internet Fraud...
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1 Answer | Asked in Banking, Consumer Law and Federal Crimes for California on
Q: Wells Fargo foreclosed on my OC home in 2009 and refused to consider a loan mod. Which law firm is handling this case?
William John Light
William John Light
answered on Aug 14, 2018

You would have to ask Wells Fargo for that information. https://www.wellsfargo.com/mortgage/manage-account/payment-help/foreclosure/

1 Answer | Asked in Banking and Business Law for California on
Q: Hello,If I have a judgement against me, in my name, can the other party put a lien on my business bank account?

My business is incorporated and the bank account is in my business name. The other side's lawyers obtsined a legal order to release my bank records.

Thomas A. Grossman
Thomas A. Grossman
answered on Jul 17, 2018

If the Judgment has been entered and served on you, the creditor can file a Writ of Execution and execute on your personal bank accounts(s). If your business is also named in the Judgment, the creditor can also execute on your business account. Sometimes banks screw up and allow their employees to... View More

1 Answer | Asked in Banking, Estate Planning and Probate for California on
Q: My wife passed away earlier this year. She had no joint accounts with me, her husband. She also left no will. Under the

Section 13006 of the Ca. Probate code, am I considered the successor, if there is no estate (indebted) and no will? Or, I am wrong in just acting on behalf of my children and myself as authorized under Section 13051?

John B. Palley
John B. Palley
answered on May 25, 2018

Please understand I am giving general information here and you should consult with an attorney for specifics. I would say it depends on if the accounts were "community property" or "separate property." CP is generally monies earned by either of you, during marriage, from your... View More

0 Answers | Asked in Banking and Stockbroker Fraud for California on
Q: Can I be sued for taking someone’s money and saying that I would invest for them when I don’t actually invest for them.

I am not a licensed stock broker. Two people gave me money after I told them I would invest for them but I never invested for them. Can they file some sort of legal action against me?

3 Answers | Asked in Banking and Bankruptcy for California on
Q: Can I get my judgement paid from someone who filed bankruptcy and was discharged but didn’t list me as a creditor?

I have a judgement. I put a lien against their bank account. The bank was listed in their bankruptcy so they won’t release the money to me. I was notified by the bank there was a bankruptcy. The filer didn’t forget to list me. He filed at the same time he submitted statements to the court in... View More

Leon Bayer
Leon Bayer
answered on Mar 28, 2018

Your debt is considered discharged whether or not the debt was listed, unless you have a legal basis to object to the discharge.

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1 Answer | Asked in Banking, Civil Litigation, Identity Theft and Criminal Law for California on
Q: A fellow veteran opened a Chase bank account to cash a $13k Veterans compensation check from the US Treasury.

After it cleared, she gave me a cashiers check from chase for $6k, 5 months later I was negative $6k at my bank. The veteran assumed another Veterans ID. I need to know who to contact to sue her for the $6k that I had to pay my bank back...

Dale S. Gribow
Dale S. Gribow
answered on Mar 24, 2018

clearly you were the victim of a con............

more info is needed.

it should not have taken the bank that long to clear..........i would consider suing the bank for that amount of money but unless you have info on the person who scammed you then you are probably out of luck....
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1 Answer | Asked in Banking and Consumer Law for California on
Q: Can I take benefit of difference in interest rates in different different banks?

I can gather money from the people and deposit in the bank giving 6% interest, and promise the people to pay 3.5% and pay them back 3.5% when I will get 6%. Is this legal?

William John Light
William John Light
answered on Mar 22, 2018

This seems to be of dubious ethics. You aren't providing any service that these people can't get from the bank themselves.

You appear to acting as sort of an investment advisor. While I am do not practice law in that field, I would refer you to an answer to a similar question...
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1 Answer | Asked in Consumer Law and Banking for California on
Q: I opened a checking account. Deposited monies. Received checks from the bank. when I wrote checks they were not honored.

The account was not closed, I have deposits made routinely but am not able to access my monies. With no explanation. No one at the bank has an answer for me. What do I do other than close the account and request my funds be returned?

William John Light
William John Light
answered on Mar 19, 2018

First, close your account. Second, if your credit has been damaged, you may have a claim for negligence against the bank. Depending on the effect upon you, it could be a Small Claims case, or you might need a lawyer for a bigger case with more damages. See... View More

1 Answer | Asked in Banking and Probate for California on
Q: In California do you have to go to probate to collect money left in personnel business account ?

its a small amount and everything else is in the family trust.

Richard Samuel Price
Richard Samuel Price
answered on Mar 22, 2018

If there is no beneficiary named on the account, then if the total assets of the decedent are greater than $150,000, then you would have to go through probate. Or, if there was any real estate in the decedent's name.

1 Answer | Asked in Consumer Law, Contracts and Banking for California on
Q: Greeting! What would happen if i stop my car payments because i can't afford them ? but i don't want to file bankruptcy.
William John Light
William John Light
answered on Jan 18, 2018

Your car will be repossessed whether you file bankruptcy or not.

1 Answer | Asked in Banking, Business Law and Consumer Law for California on
Q: I want to use my cousins American account to receive funds for online transactions.

I run an online business, My company is registered in Nairobi-Kenya. The only payment portal acceptable is Paypal but it forces customers to sign up to make a purchase. I want to use Stripe but I need an American bank account. Is it possible to get my cousin who lives in California to receive the... View More

William John Light
William John Light
answered on Dec 24, 2017

Just open your own American bank account.

1 Answer | Asked in Tax Law, Banking and Divorce for California on
Q: Have 30k in cash given to me by mother. What is best way to get into bank and will there be tax liability?

Going through divorce. My mother is helping to pay part of the settlement agreement, but in cash. What's the best way to get this into the bank?

Zaher Fallahi
Zaher Fallahi
answered on Nov 23, 2017

You can deposit and the bank will issues 8300 for it, but shouldn’t be a problem. No tax liability. Mom will have gift tax filing requirement. If there are concerns, consult a tax attorney with Bank Secrecy Act (BSA) experience. The information presented herein is for general purposes only. It is... View More

1 Answer | Asked in Consumer Law, Banking and Traffic Tickets for California on
Q: I made a left turn at stop sign. It recently changed no left turns between 8 and 9 am And 3 to 4 pm... School area..

I got a ticket for making a left turn when I dropped my daughter off.. Can I fight this in court?

William John Light
William John Light
answered on Nov 3, 2017

Sounds like you probably turned left between 8-9 and violated the no left turn law. So, no, you can't successfully fight that unless the no left turn sign is obscured or hidden somehow.

1 Answer | Asked in Banking, Business Law and Tax Law for California on
Q: Can I write off contributions to my IRA if I own my own business?

I own my own business (Subchapter "S" corp) based in California. I pay myself with either a distribution or via regular paycheck and generate a W2 for myself at the end of the year. I want to contribute to my existing personal 401k (rollover) account and be able to write off the... View More

Zaher Fallahi
Zaher Fallahi
answered on Nov 9, 2017

401(K) and SEP-IRA will be funded and deducted by the S corporation. Regular IRA would be deducted on the 1040 form your earned income, not from K-1 distribution. Whether you can take regular IRA, you should ask the tax preparer, because it is based on the figures on the 1040. The information... View More

1 Answer | Asked in Banking, Business Formation, Business Law and Contracts for California on
Q: Starting company in Santa Clara CA. Owners are 2, me + Russian lady living in russia. Should we do C or S corp or LLC?

is it better to have both names in company or just 1 of us? Our company would be producing shoes using a third party outside USA and selling them outside USA. Do we (or I) need sellers certificate? If only I start the company should we do LLC, C or S corp? would all the business income be taxed... View More

Robert P. Cogan
Robert P. Cogan
answered on Oct 20, 2017

An S-corporation is not available for non-US citizens. The other details need to be discussed with an attorney. The information above is sketchy.

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