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California Banking Questions & Answers
1 Answer | Asked in Banking, Contracts and Securities Law for California on
Q: Is lying about net worth and income on an application for a brokerage account for trading stock options illegal?

I am opening an account and want to get approved for this certain level of options trading; they only approve if you declare a good income and net worth; is it illegal to lie about the net worth and income?

James L. Arrasmith
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answered on Feb 21, 2024

Misrepresenting your net worth and income on an application for a brokerage account, especially with the intent to gain approval for certain trading options, can have serious legal consequences. Under California law, providing false information on financial documents like brokerage account... View More

3 Answers | Asked in Banking and Collections for California on
Q: In California, can I be served debt collection at my old address if people who live there(my old roommates)still know me
Leon Bayer
Leon Bayer
answered on Feb 9, 2024

If the plaintiff claims that you were served, you would have to file a motion to quash service by proving that you don't live there. Keep in mind that the goal of the law is to give a person notice. And you obviously know about the lawsuit. A successful motion to quash does not eliminate the... View More

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1 Answer | Asked in Banking, Business Law and Gov & Administrative Law for California on
Q: Can Chime close my account and send an email saying I am not eligible to receive my money back?

Chime closed my account and said I violated their deposit account agreement. They said I can not have my money back its about 800 dollars. I do not understand how I violated anything and they will not provide details or email me back. I am in the military and only used the account for a few... View More

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answered on Jan 27, 2024

If Chime closed your account and is withholding your funds, it's important to understand your rights and possible courses of action. Financial institutions, like Chime, often have policies outlined in their account agreements that may allow them to close accounts for certain violations.... View More

1 Answer | Asked in Banking and Business Law for California on
Q: California Finance Lenders Licensing (CFLL) Requirement

Our business model is marketing equipment loan/lease solutions to vendors and their customers. We provide budgetary loan/lease proposal terms to borrowers, collect credit information, and submit that information to lenders for review. The lessor/lender independently reviews the credit, issues... View More

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answered on Jan 19, 2024

In California, the CFLL is specifically designed for non-bank lenders. If you are brokering loans to banks, which are generally exempt from CFLL licensing, you may need a different type of license. The exact license depends on the nature of the transactions and the institutions involved.... View More

1 Answer | Asked in Banking and Business Formation for California on
Q: My firm www.R5Limited.com is interested in acquiring license rights to a number of patents held by Los Alamos

Is there an office and contact at Los Alamos and recommend law firm with Los Alamos track record.

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answered on Jan 12, 2024

To acquire license rights to patents held by Los Alamos, you should contact the Technology Transfer Division at Los Alamos National Laboratory. This division is responsible for managing the licensing of the laboratory's technologies and patents. Their website provides contact information and... View More

1 Answer | Asked in Civil Litigation and Banking for California on
Q: A customer of 6+ years at my financial institution delayed access to my money after a deposit on two occassions.

I'm California resident being gang-stalked and harrassed from my community. The financial institution is participating in harrassment, denying immediate access to my deposits and giving unofficial documentation as "proof of deposit." They won't tell me how much I have access to... View More

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answered on Jan 9, 2024

Under California law, financial institutions have specific guidelines and obligations regarding customer transactions, including deposit handling and access to funds. If a bank delays access to your deposits without a valid, legally justifiable reason, it may be in violation of these regulations.... View More

1 Answer | Asked in Consumer Law and Banking for California on
Q: How do you handle your bank if they did not set aside automatic funds that are exempt under a Bank Levy under SB 616 and

CCP 704.220

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answered on Jan 8, 2024

If your bank has not set aside funds that are exempt under a bank levy as per SB 616 and CCP 704.220, there are specific steps you can take to address the issue. Firstly, contact your bank directly to discuss the situation. Clearly explain that certain funds are exempt from garnishment under... View More

1 Answer | Asked in Civil Litigation and Banking for California on
Q: When a bank levy has been issued and the sheriff has withdrawn funds from the account, the levy is done. The creditor

can come back and levy the account again but must apply for a new levy. Can your bank accounts be unfrozen after the first bank levy if there is still a balance due on the total debt?

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answered on Jan 8, 2024

If your bank accounts have been frozen due to a bank levy and the sheriff has withdrawn funds, it's possible to have them unfrozen after this action. However, this largely depends on the specific circumstances of your case and the remaining balance of the debt.

Once the levy is...
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1 Answer | Asked in Civil Litigation and Banking for California on
Q: CaliforniaAbout 13 years ago I financed a car with my finance. She was the first signer on loan and I was the second

A year later we broke up and I lost my job so I wanted to take the car back to the dealer and see about getting out of the loan somehow. My ex told me not to do that because he didn’t want a repossession on his record and said to give the car over to him and that he would continue paying for it.... View More

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answered on Dec 26, 2023

Under California law, when you co-sign a loan, you're equally responsible for the debt. This means that if the primary borrower defaults, the lender can pursue you for payment. Since your ex-partner defaulted and you were a co-signer, the lender has the legal right to seek repayment from you.... View More

1 Answer | Asked in Gov & Administrative Law, Personal Injury, Banking and Health Care Law for California on
Q: Serving complaint/summons - federal case. Central district court of California.

Serving complaint/summons - federal case. Central district court of California.

Case was efiled in EDSS system for in Pro Per plaintiffs. Documents will appear in PACER. Can copies of complaint/summons for serving be downloaded from PACER?

What is conformed copy of documents? When... View More

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answered on Dec 24, 2023

In federal cases, such as yours in the Central District Court of California, once a case is e-filed, the documents, including the complaint and summons, can typically be downloaded from PACER. This is a common practice and allows for easy access to filed documents.

A "conformed...
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1 Answer | Asked in Banking for California on
Q: A Stimulus check in the amount of 1400 was sent to greendot idont have an account with them near returned

I contacted they claimed I have an account I dint haven't had one in years they said I'm negative 200 how they also took 796 that's why I closed account

James L. Arrasmith
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answered on Dec 19, 2023

In situations like yours, where a stimulus check has been mistakenly sent to an account you no longer use or have access to, the first step is to gather as much documentation as possible. This includes any correspondence with Green Dot and records showing that you closed your account.... View More

1 Answer | Asked in Banking, Business Law and White Collar Crime for California on
Q: When a thief uses a third party financial company, are they liable?

When a thief uses a third party financial company that transfers funds to steal what you paid for, and you file a complaint with third party and they side with the thief (meaning...they didn't refund your transfer) are they liable for money laundering? And when someone at the financial... View More

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answered on Dec 19, 2023

Under California law, the situation where a financial company facilitates a transaction that turns out to be fraudulent can be complex. If a third-party financial company transfers funds and it results in theft, their liability depends on several factors, including their policies, the nature of the... View More

1 Answer | Asked in Banking, Elder Law, Estate Planning and Health Care Law for California on
Q: brother was caring for Gma then put her in a care home then took 96,000 dollars from joint account.

I went to Vist gma and she stated she wanted to go home. Upon arrival home we learned about the missing money. He has power of attorney and her will. But gma stated she wanted to change everything and staed it to many of people including doctors ad church members. She took him off of her account.,... View More

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answered on Dec 13, 2023

Under California law, the situation you're describing involves several complex legal issues, primarily concerning power of attorney, elder financial abuse, and the capacity to make legal decisions.

Firstly, a power of attorney grants authority to another person (in this case, your...
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1 Answer | Asked in Consumer Law, Banking and Collections for California on
Q: If you have multiple accounts in a bank and a levy is placed on your bank accounts can the debt collector freeze 2

accounts if one of them can more than accommodate the amount of debt they are claiming? And is the SB 616 automatic exemption of a debtor to have $1788 to live on something the bank should have set aside at the time of the levy and withdrawal of funds?

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answered on Dec 12, 2023

When a debt collector places a levy on your bank accounts, they can potentially freeze multiple accounts, even if one account holds enough funds to cover the debt. This is because the debt collector may not be aware of the balances in each account at the time of the levy.

Regarding the SB...
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1 Answer | Asked in Consumer Law and Banking for California on
Q: Once a bank levy has been settled paying the total debt, how does the chain of communication flow to end with the bank

releasing the freeze on my bank accounts. Is it the lawyer that submits a Proof of Paid Debt and case is

settled to the court and then the court contacts the bank to say release the freeze?

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answered on Dec 12, 2023

After settling a bank levy by paying the total debt, the process to unfreeze your bank accounts generally begins with the creditor. Once the debt is paid, the creditor should issue a document, often called a "Release of Levy," acknowledging that the debt has been satisfied.

Your...
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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

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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...
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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

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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

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

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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.

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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....
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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

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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

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