Get free answers to your Banking legal questions from lawyers in your area.
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 
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
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
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
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
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
Funds were placed in a loss prevention account for "suspected irregular activity."
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
answered on Oct 3, 2023
Check with a California attorney on local civil procedure rules, but that is not the way the process usually works. The lienholder does not ordinarily have liability in an accident. Nationwide, it's the operator/registrant who are usually named. Good luck
My aunt (moms sister) iced me out and would not let me around . She is the Rep/payee on a frozen account with the rest of the home sale in it . She just recently has told me about this . I wasn’t talking to her because of what she had done to me keeping me away from her . She had no will but how... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 12, 2023
I'm truly sorry to hear about your situation. Under California law, when a person dies intestate (without a will), their assets generally pass according to the state's intestacy laws. As the only child of your mom, you typically would have a legal claim to her estate. For your aunt to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 29, 2023
Serving the bank that holds the lien on the car is generally not sufficient for initiating a personal injury lawsuit against the driver of the car. You would likely need to serve the individual directly for the legal process to move forward.
Due to a Bank of America´s branch closure a safe deposit box that I had with them was drilled and its contents removed ($85,150 in cash, nothing else). I was sent a form to my address in Taiwan asking me to notarize it at a US embassy so that the cash could be sent to me by mail. After the bank... View More
answered on Sep 27, 2023
I assume the cash was successfully deposited into your bank account. If so, the only issue is the other contents of your box.
But you don't say what else was in the box. Perhaps you will get a better answer if you tell us what else was in the box. Obviously, if it was some tickets to... View More
My husband and I are separated. After he stopped paying monthly support, I filed legally separated, and the court has ordered him to pay support, but he closed all the bank accounts (including joint accounts) and hiding outside of the US after selling his inheritance house. After filed separation,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 22, 2023
You may be able to file for innocent joint filer relief to address the tax liability issue caused by your husband's actions. You should consult with an attorney experienced in tax matters to guide you through the process and discuss potential options to release the hold on your bank account.... View More
I am a victim of bank negligence. Bank didn’t properly monitor my mortgage account and fraudsters operated it at will depositing monies and reversing as they pleased. The whole scheme by the fraudsters was a scam where they deposited monies into mortgage, and offering discounts in return where... View More
answered on Sep 21, 2023
I am sorry this happened. But I don't see where the bank is to blame. If I understand you correctly, you expected to benefit from these transactions, making you a willing, (although a duped) participant in a possible fraud scheme. I think the bank is not to blame.
Credit card co changed my getting into my online 'paperless' emails to view my credit cards and make payments online! Credit card co sent me any email stating "we'll email you when [you] have [something] new to view. Then just [sign in] to 'XXXX.com' OR ..mobile... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 4, 2023
Under California's Consumers Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), and the federal Truth in Lending Act (TILA), credit card companies are generally required to provide consumers with "adequate notice" of any significant changes to account terms or practices. If a... View More
Is there ANY way to legally require or somehow “force” a company to write my business checks to say pay to the order of either my name (I am the sole owner)
OR pay to the order of (my business name OR my name)? I have nothing in my contract that stated anything about this.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 3, 2023
In the absence of a contractual provision specifying how checks should be made out, it may be difficult to legally compel the company to write the checks in a particular manner. You could try negotiating with the company to explain your situation and request that future checks be made out in a way... View More
1.When a lender sells an auto loan contract to a second lender, what are the typical expectations regarding the continuity of the loan terms, including the principal balance, interest rate, and repayment terms?
2.Can a second lender reset the loan as if it were a brand new contract with... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 29, 2023
1. When an auto loan is sold to a second lender, the expectation is generally that the original loan terms—including the principal balance, interest rate, and repayment schedule—will remain the same, unless the original loan agreement provides otherwise.
2. A second lender usually... View More
Under consumer protection laws, what criteria are used to determine if contractual terms in an auto loan agreement, specifically regarding trade-ins, are considered unfair or one-sided? Are there any specific provisions or practices that should be examined to assess the fairness of these terms?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 29, 2023
Under California's consumer protection laws, contractual terms may be considered "unconscionable" if they are overly one-sided in favor of the lender and oppressive to the consumer. Factors that might be considered include the clarity and understandability of the terms, whether the... View More
Employer had me get a secured credit card to use for work related expenditures. They paid the deposit and the monthly statements from their bank account. My boss died and their account was closed so payment for the card was declined. It has been almost a year since this occurred. I have spoken... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2023
In California, if the credit card company has frozen your card, failed to return your secured deposit funds, and continues to charge fees despite your attempts to address the situation, you may want to consider sending a formal written dispute to the credit card company, outlining the facts and... View More
My account was closed due to suspicious activity. All they can tell me is digital fraud but not specify what I did exactly. I tried to fight it but they said it was a final decision. After receiving my official check from my balance account.I notice 2,700 was missing. I called and they said the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2023
If your account is frozen, the bank generally should not withdraw funds without your knowledge or consent. Such actions may raise concerns about due process and consumer rights. It's recommended to consult legal experts to evaluate the specific circumstances and potential violations of your... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2023
Yes, it's generally possible to get a reverse mortgage from a bank in Georgia for real property located in California. Reverse mortgages are federally insured loans, and they are not limited to being offered by banks in the state where the property is located. However, the specific terms,... View More
I have strong suspicions the employer is also using mystery shoppers to further harassment against me. I’m being psychologically played with at work and don’t know how to prove it!
answered on Aug 9, 2023
Unfortunately, what you describe is not unlawful. Unless you can establish this conduct is being directed at you because you are a member of a protected class of people, or because you engaged in some form of legally protected conduct, there is no liability to the company or the workers for... View More
It was a standard process, of filling out a loan application. I thought the loan would be from this company instead they are a third party that charges excessive predatory fees that can be paid with the credit cards they applied on your behalf which is not the plan I had.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2023
In California, it's crucial to thoroughly read and understand any contract before signing, as verbal understandings may not always hold legal weight. If the loan terms were misrepresented, you might have grounds to challenge the contract based on misrepresentation or unfair business practices.... View More
I called the bank and paid the funds for the check that was given to me and they said my account was all good. I would like to know if there is anything else to settle after payment regarding legal issues.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2023
I am not offering legal advice, but depositing a fake check can potentially lead to legal consequences, including criminal charges for fraud or passing a forged instrument. While resolving the situation with your bank is a positive step, it's advisable to consult with an attorney to fully... View More
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.
