Lawyers, Answer Questions  & Get Points Log In
California Banking Questions & Answers
2 Answers | Asked in Consumer Law, Collections and Banking for California on
Q: Under a bank levy, after a first grab of funds has taken place is the bank levy still on your accounts if there is still

money due in n the balance?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 10, 2023

Under California law, after a bank levy has been executed and funds are seized from your account, the status of the levy depends on whether the debt has been fully satisfied. If the initial grab of funds doesn't cover the entire amount owed, the levy can remain active.

This means that...
View More

View More Answers

3 Answers | Asked in Estate Planning and Banking for California on
Q: I am beneficiary of my uncles estate. He left cash to a friend but 3 years on she has not claimed it. Can I claim it?

I am beneficiary of the house property and all remainder via his legal trust. The cash designated to a friend was via a bank beneficiary designation. She has not filed the paperwork to receive the account. Dividend checks made out to my uncle keep coming to the trust bank account because she has... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 6, 2023

Under California law, if the designated beneficiary of your uncle's cash account has not claimed the funds within three years, you may have a legal avenue to pursue those funds. First, ensure that your uncle's will and the trust documentation do not specifically require the cash to go to... View More

View More Answers

3 Answers | Asked in Consumer Law, Arbitration / Mediation Law, Banking and Civil Litigation for California on
Q: What legal action can I take against cashapp?

In August I was given authorization to add a friends card to my cash app to add funds to my acct. which I withdrew and gave to her as I had multiple times before. In late September, that friend started a huge fight with me as she thought I had been seeing her ex bf. She assaulted me and stole my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 6, 2023

Under California law, you have a few options to address this situation. First, you could consider filing a small claims lawsuit against your friend for the unauthorized chargeback. Since the amount is $1,700, it falls within the small claims court's jurisdiction in California, which handles... View More

View More Answers

2 Answers | Asked in Banking for California on
Q: I recently purchased a storage unit that contained stock certificates. I have discovered the person they were issued to

Is deceased. What do I need to do to be able to cash/sell these stocks?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 2, 2023

Under California law, handling inherited stock certificates from a deceased individual requires a specific process. First, you should verify the authenticity of the stock certificates. This includes checking the company's existence and the validity of the certificates themselves.

Next,...
View More

View More Answers

1 Answer | Asked in Banking and Civil Litigation for California on
Q: How can I get my money back from a bank who allowed a ck in my name to be deposited without my endorsement?

The bank has frozen the funds and claim they can’t id me even though I have a passport and CA Drivers License but because I no longer have the same cell phone number from 2 years ago they can’t verify my identity and refuse to release these funds to me I requested that they return the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2023

Dealing with a situation where a bank has frozen funds and is refusing to release them due to identity verification issues can be challenging, but there are several steps you can take to address this problem:

Gather Documentation: Assemble all relevant documentation, including the passport...
View More

1 Answer | Asked in Banking for California on
Q: Do I have to continue paying a credit line loan if the bank no longer has the original signed documents?

I took out a credit line on a business over 20 years ago, that business is now closed. The bank at some point converted the account into my personal name and they have raised the interest rate 3 times what the original rate was. They cannot produce the original signed documents which I requested to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2023

Under California law, the enforceability of a loan generally does not depend on the physical possession of the original signed documents. If a bank cannot produce the original loan agreement, they may still be able to enforce the debt if they can prove its terms and your agreement to them through... View More

2 Answers | Asked in Banking and Real Estate Law for California on
Q: Am I legally required to pay off the remaining principal when I sell my home?

I'm selling a home for which I'm paying 2.5% interest rate. Instead of paying off the remaining balance, it would be nice to use the extra funds to buy a new home (now that interest rates are 7%). Then I'd just keep making my monthly mortgage payments on my original loan at 2.5%... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 9, 2023

No, you are not legally required to pay off the remaining mortgage principal when selling your home in California. However, the lender will require the mortgage loan to be settled as part of the sale process. You have a couple options:

- Pay off the loan in full with the sale proceeds. This...
View More

View More Answers

1 Answer | Asked in Banking, Business Formation, Immigration Law and International Law for California on
Q: Immigration law: I am a Protected Person with an approved case from the court waiting for my PR.

I am starting an import-export business and I am wondering would having business with my home country cause any issues with my residency here in Canada. Traveling to my home country is by no means safe for me, however, this business does not require my physical presence in Iran and I can conduct... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2023

Engaging in business with your home country, where you are recognized as a Protected Person, should not inherently affect your residency status in Canada. However, it's crucial to ensure that this business activity does not contradict any of the conditions of your protection status.... View More

2 Answers | Asked in Banking for California on
Q: My bank has taken over 6 weeks to unrestrict my account because they cant verify a check deposit. Can I close my account

They said they have tried to contact the person who worote the check but cant get a response.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 1, 2023

Yes, you can close your account, even if it is restricted. You have the right to close your account anytime, for any reason.

It is important to note that your bank may charge you a fee for closing your account. You should also know that closing your account may impact your credit score....
View More

View More Answers

1 Answer | Asked in Banking and Consumer Law for California on
Q: Can I sue a car dealership that lied to a lender on my application in order to get it approved?

I went to a car dealership to co-sign for my partner for him to get a vehicle. We got approved and went through the process. Almost 2 years later we go to another dealership to trade it in and while we are going through the process, we find out that the first dealership placed me on the application... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 3, 2023

If a car dealership falsified your income or employment status on a loan application without your knowledge or consent, this may constitute fraud and you may have grounds to sue. In California, the legal system takes allegations of fraud seriously, especially when they lead to financial harm or a... View More

2 Answers | Asked in Banking, Contracts and Government Contracts for California on
Q: Can you contract verbally with employees of a financial industry you catch abusing you and doing exactly and more worse

They stop or you have to court order thier defiance and further

Redress and address the consequential damage thier persistent abuse and improper deceptive practice and emotional disruption and distress to your health and heart pressure for continued unnecessary agrieved agitating abusive... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2023

Under California law, a verbal agreement can be enforceable if it meets the essential elements of a contract, including offer, acceptance, consideration, and mutual intent. However, proving the terms and existence of a verbal contract can be challenging without corroborative evidence.

If...
View More

View More Answers

1 Answer | Asked in Estate Planning, Banking and Probate for California on
Q: My dad’s savings plus account advised me 2 months after his death, after completing unidentified beneficiary form

They then advised me his beneficiary was changed after death. They were trying to get a hold of the listed beneficiary prior to the change. Are they allowed to do this? They basically had me fill out the form, hoping to find information on a beneficiary. I am the only heir left. My mom passed away... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 20, 2023

In California, financial institutions are not permitted to change a beneficiary designation after the account holder's death without a legal order or clear evidence of the account holder's intent made prior to death. If they informed you of a posthumous change, that raises concerns. The... View More

2 Answers | Asked in Banking, Communications Law and Internet Law for California on
Q: If I was involved in the Data Breach 04/28/2022. I would like to know if I could ask OTP for a complete new computer ?

My IPAddress is breached and I have to get that too. My banks and all my information is being used. Buy whoever and I'm constantly cleaning up my personal info. I'm having problems one after another.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 20, 2023

In California, companies that experience a data breach are required to provide notice to affected residents. If you've been harmed by a data breach, you might be entitled to certain remedies, but the specific relief will depend on the circumstances and any proven negligence or statutory... View More

View More Answers

2 Answers | Asked in Real Estate Law and Banking for California on
Q: My girlfriend and I bought a house together about 4 years ago. She never made a payment and does not live here.

Was wondering what she's legally entitled to concerning the house

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2023

Your girlfriend is legally entitled to a portion of the equity in the home, even if she never made a payment and does not live there. This is because you and your girlfriend are likely tenants in common, which means that you each own an equal share of the property. If you want to sell the home, you... View More

View More Answers

1 Answer | Asked in Consumer Law and Banking for California on
Q: I have a account at a credit union with around $90,000 in it. The bank will not allow me acess to the account for 9 mont

The bank will not allow me to withdraw any money or access to the account. Every time I go in to get the money they come up with a excuse. Either I need to wait for the bank manager or the district manager, then they are on vacation or they are in meetings. They then ask for a fee for processing my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 14, 2023

I'm truly sorry to hear about your situation. In California, financial institutions, including credit unions, are subject to regulations and laws that aim to protect consumers. It is unlawful for a bank or credit union to withhold your funds without a valid legal reason. Continuously providing... View More

3 Answers | Asked in Estate Planning, Tax Law, Banking and Probate for California on
Q: What to do w/lrg physical cash gift from an elderly relative? Legal, banking & IRS implications? Best courses of action.

My Uncle is 97 and intends to gift me a large amount in physical 'hard' cash either now or as an inheritance upon passing. He is admirable to whichever is more advisable. I desire to avoid a bank account freeze or other legal nonsense upon depositing of said funds i.e. 'fiat'... View More

Julie King
Julie King
answered on Oct 8, 2023

There are many different ways to accomplish your objectives and each way has different tax implications. Depending on the amount a person wants to give away, he could give a gift of up to $17,000 (in 2023) per year without taxes. The recipient does not need to be a relative. But, if a person gives... View More

View More Answers

3 Answers | Asked in Banking, Bankruptcy, Divorce and Family Law for California on
Q: court ordered payments and bankruptcy in california

If the court orders my ex to pay me past due child support (already court ordered), past due unreimbursed medical and dental (already court ordered), sanctions, and lawyer fees...and then my ex goes and files for bankruptcy.....does the bankruptcy wipe out the money that would be due to me? That... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Oct 4, 2023

Under bankruptcy laws, most non-secured debt may be eliminated if you file Chapter 7; child support is the exception to that rule. Whether you are behind one payment, or a full year's payment makes no difference, child support payments must continue even if you file for bankruptcy protection.... View More

View More Answers

1 Answer | Asked in Contracts and Banking for California on
Q: I cancelled a contract for tax services within 3-business days. Am I legally entitled to a full refund?

I spoke with the owner over the phone and he verbally told me that he would refund my money if I decided to cancel. I disputed the charge on my CC, and now they are not returning calls and they are fighting my dispute. My CC company is saying they may not be able to win. I don't understand... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2023

Under California law, certain contracts afford consumers a statutory right to cancel within a specific period, often referred to as a "cooling-off" period. However, not all service contracts fall under these provisions. If the contract for tax services did not include a provision for... View More

1 Answer | Asked in Banking for California on
Q: Bank of america paid a claim for unauthorized use of my edd card. Claim was started late 2020. The account was closed

By and they won't let me access my money. They are claiming that the state recommended it be closed. I called the state and verified it was not the state and even called the bank with the edd staff attempted to clear it up.

The bank is not willing to budge. My money is being held in... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2023

Under California law, banks have obligations to their customers, including providing access to funds unless there's a lawful reason for restricting access. If Bank of America is withholding your funds without adequate justification, you may have grounds to take legal action. Before resorting... View More

2 Answers | Asked in Consumer Law and Banking for California on
Q: Can a bank branch manager request a customer speak to another bank in their presence to verify a transaction?

Funds were placed in a loss prevention account for "suspected irregular activity."

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2023

Under California law, banks have the duty to act in good faith and exercise ordinary care. When there's suspected irregular activity, a bank may take precautionary measures to protect the funds and ensure the authenticity of a transaction. However, requesting that a customer speak to another... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.