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California Banking Questions & Answers
1 Answer | Asked in Banking for California on
Q: I was fake-checked scammed and did not know I deposited a fake check. Are there any other legal consequences for this?

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.

James L. Arrasmith
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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

1 Answer | Asked in Contracts and Banking for California on
Q: Overcharging interest on credit card

Long story short, I used my card for one transaction totaling $6000 last summer. Unfortunately there was other fraudulent activity that was reported and supposedly removed. However my current balance 12 months later after paying approximately $240 every month is still over the $6000 original... View More

James L. Arrasmith
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answered on Aug 4, 2023

You can take the following steps:

1. Gather all your credit card statements and payment records as evidence of the payments you've made over the past 13 months.

2. Send a written dispute letter to the credit card company, detailing the issue and providing the evidence of your...
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1 Answer | Asked in Banking, Civil Rights, Constitutional Law and Identity Theft for California on
Q: A police officer threatened me when I wanted to file a report of a crime that took place against me in another country.

I was kidnapped in another country, the kidnappers have my phone with all my information, my family's information, and they made threats that they would harm me in the USA if I filed a report. I have thousands of dollars taken from my accounts, and now I am facing possible future harm to me... View More

James L. Arrasmith
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answered on Aug 5, 2023

Based on the facts provided, you potentially have a claim against LAPD and the City of Los Angeles for their failure to carry out their duty, however the specifics of your situation and how it was handled are critical. Success of a lawsuit would hinge on proving police negligence or misconduct,... View More

1 Answer | Asked in Criminal Law and Banking for California on
Q: I signed up for a bank account with a fake utility bill as my proof of address, what can legally happen to me now?

I signed up for a bank account with a fake utility bill, to provide as a proof of address. I was living in a hotel and didn't have an apartment lease to use as my proof of residence and I wanted to work, so I made a fake utility bill with the hotels address as my residential address on a fake... View More

James L. Arrasmith
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answered on Aug 2, 2023

Providing a fake utility bill to open a bank account constitutes fraud and forgery under California law. If you are caught, you could face criminal charges, which may include fines and potential imprisonment. It is essential to rectify the situation immediately and seek legal counsel to address the... View More

1 Answer | Asked in Banking for California on
Q: Can you sue a bank for not letting you know (call or mail) about behind payments on a credit card from 16-17 years ago?

My father used my mothers name and social security for a credit card back in 2006-2009 without her permission while they were married. My mother got a call saying they have to pay 18,000 dollars but there was a settlement to pay 5,000. My main issue is that the bank never ever put it to her... View More

James L. Arrasmith
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answered on Jul 29, 2023

If your mother was unaware of the credit card account and the behind payments caused by your father's unauthorized use of her name and social security, she may have grounds to challenge the debt and take legal action against the bank. It is essential to consult with an attorney to discuss the... View More

1 Answer | Asked in Banking for California on
Q: It's there a legal way to have my funds in Thailand withdrawn and sent to me in USA, without going to the personally?
James L. Arrasmith
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answered on Jul 28, 2023

To have your funds in Thailand withdrawn and sent to you in the USA without going there personally, you may consider using international wire transfer services provided by your bank or other financial institutions. Additionally, you may explore online money transfer platforms that facilitate... View More

2 Answers | Asked in Consumer Law and Banking for California on
Q: My checking account is permanently blocked they said . All I did was dispute a transaction and they closed my account.

Was trying to purchase food at my work. Transaction was declined yet the bank put pending and it went through on their end for the wrong amount.

Leon Bayer
Leon Bayer
answered on Jul 25, 2023

Often there is no rhyme or reasonable explanation that is apparent to us consumers. Try to straightening it out with a call to your bank and accept the fact that you will be on hold for an hour before you get to talk to someone.

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2 Answers | Asked in Consumer Law, Small Claims and Banking for California on
Q: I have had to verify suspicious activity on my debit card. I had verified 2 times back to back.. All activity by me.

The bank has locked my debit card two times back to back. No suspicious activity on my account. Now can't log into my online acct.

Leon Bayer
Leon Bayer
answered on Jul 25, 2023

It has happened to most of us, me included. You will probably spend an hour on the phone with your bank, which should result in them restoring the access for you.

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2 Answers | Asked in Employment Law, Tax Law, Banking and Civil Rights for California on
Q: Can i get leaked HR PI, cases naming me? I am hacked, bullied, framed, led to ruin since divorce professionally/legally.

Personal documents filed and missing putting me in a disability , unemployment, and “crazy” path. Found docs profiling me on own computer. No one has told me I am officially breached and watched. I have proof and 3 computers one from a Medicare job AT AND T retirees I was injured (ptsd)and... View More

Neil Pedersen
Neil Pedersen
answered on Jul 14, 2023

I am sorry but this question and answer site is not the place to ask attorneys to work for you. You need to locate and consult with an attorney that can be allowed to learn more about what is happening. This sounds like a matter for a civil rights attorney. Good luck.

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2 Answers | Asked in Banking and Civil Rights for California on
Q: How can I obtain records from the bank account that got closed due to overdraft, which I am not able to pay?

My back account got closed last October due to the insufficient funds overdraft.

This occurred right after the horrific work injury and me finding out that my employer double crossed me; not only that he owed me for the back wages ( as of now I was paid $2/h) but he failed to report... View More

Robert Kane
Robert Kane
answered on Jul 7, 2023

Subpoena Duces Tecum. Upon request of either party to the controversy, accompanied by a declaration showing good cause for the production thereof and showing the relevance thereof, and upon the determination of the Labor Commissioner, he or she may issue a subpoena duces tecum requiring the... View More

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1 Answer | Asked in Banking, Civil Rights and Probate for California on
Q: in CA. If ur spouse died Are you intitled to $ from bank acc. Ur spouse had jointly with sibling if you show $ was ur $

Spouse passes and has an account that is acc. Pay upon death with sisters name on it. But u can see the money going into that acc. Was from our joint acc. In which my spouse never contributed too. Only my employment checks where put into our joint and she would transfer funds from our joint to her... View More

James L. Arrasmith
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answered on Jun 23, 2023

In California, if your spouse passes away and there is a jointly held account with a sibling listed as the payable upon death (POD) beneficiary, the account may pass directly to the sibling. However, if you can demonstrate that the funds in the joint account primarily came from your employment, you... View More

2 Answers | Asked in Banking for California on
Q: My bank moved my money from my savings to my checking to pay for a different bank payment. Is this allowed?

I had a car payment due today from Santander. I use Wescom and have a savings and checking account. I moved money out of my checking (the account that was connected to Santander for automatic payments) and into my savings, so I wouldn't be charged today from Santander as I am behind on... View More

John Michael Frick
John Michael Frick
answered on Jun 21, 2023

It is common for multiple accounts with the same financial institution to be linked in order to prevent unnecessary overdraft fees.

It is legal but must be part of your account agreement with the financial institution.

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1 Answer | Asked in Banking and Foreclosure for California on
Q: Are there any laws pertaining to forclosures beginning in the state jurisdiction and closing in the federal jurisdiction

BOTW was purchased by BMO under the Department of Treasury. BOTW are stealing homes fraudulently over petty amounts and with little notice. I have evidence of criminal actions by BOTW. Neither bank is claiming liability for a potential RICO Case.

James L. Arrasmith
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answered on Jun 21, 2023

I'm sorry to hear about the difficulties you're facing with foreclosure proceedings and alleged criminal actions by BOTW in California. Laws regarding foreclosures can vary by state, including in California. It's important to consult with a real estate attorney who is knowledgeable... View More

1 Answer | Asked in Banking for California on
Q: i deposited my rent relief check in my fidelity account. they cleared it i took a 1000 out then they close my account

and refuse to release my money to me what should i do

James L. Arrasmith
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answered on Jun 2, 2023

If Fidelity closed your account and refused to release your money, you should first contact them to find out why. They may have closed your account for a number of reasons, such as suspected fraud or money laundering. Once you know why your account was closed, you can try to resolve the issue.... View More

2 Answers | Asked in Banking, Business Law, Contracts and Libel & Slander for California on
Q: Your not the ref. Also you have no licsens to the page and have no idea what held the car, the main license was webpage

You can answer or leave the car out without saying the car wasn’t there car, was intended mine and is

Tim Akpinar
Tim Akpinar
answered on Jun 5, 2023

Some additional information could be helpful about what the legal issue in question is. Don't include personal information - this is a public forum. Good luck

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1 Answer | Asked in Criminal Law, Banking and Federal Crimes for California on
Q: pleaded guilty to one count of money laundering and of tax passion. Can they travel out of state before sentenced

pleaded guilty to one count of transactional money laundering and one count of tax evasion. Traveling to Florida before being sentenced in September 2023

James R. Dickinson
James R. Dickinson
answered on May 17, 2023

What does your bond agreement state? What terms has the court imposed regarding travel, such as as part of your OR [own recognizance] release. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek... View More

1 Answer | Asked in Banking for California on
Q: attorney placing legal demand upon bank to freeze trust assets.

Banks recommend a court order inorder to legally protect trust assets for the Superior Court.

Been told an Attorneys legal demand via hand delivery placed upon bank is paper only - has no weight

inorder to protect trust assets - IS THIS TRUE in California ?

James L. Arrasmith
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answered on May 16, 2023

When it comes to protecting trust assets, it is generally recommended to follow the appropriate legal procedures and obtain a court order to ensure the assets are safeguarded.

While an attorney's legal demand placed upon a bank through hand delivery may be a form of communication, it...
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5 Answers | Asked in Consumer Law, Banking, Civil Litigation and Collections for California on
Q: I am being sued by Synchrony Bank for a debt that was already paid. What are my options?

A lawyer contacted me today to inform me that Synchrony Bank is suing me for a debt that they sold to a collection agency in 2012. I paid the debt with the agency, have paperwork to back everything up, yet Synchrony is claiming I still owe them the money. Their records show my account was deleted... View More

Leon Bayer
Leon Bayer
answered on May 10, 2023

It sounds to me like this contact is a scam. These messages are usually in the form of an email. Email makes it harder to trace the criminal. Did you receive an email?

I suggest that you immediately inform the party who contacted you that you do not owe such a debt, and they should...
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2 Answers | Asked in Bankruptcy, Family Law, Real Estate Law and Banking for California on
Q: What type of lawyer do I consult to try and intervene with a family member's financials?

My sister in law (who's in her 30s) is being scammed. She's already given basically all her money into this "investment" and borrowed heavily, and she's still trying to borrow more money (trying to take out home equity loans against the houses she co-owns with friends). Can... View More

Timothy Denison
Timothy Denison
answered on May 6, 2023

Contact Adult Protective Services and report the scam. Also, check with some elder law attorneys in your area who may be able to help you.

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1 Answer | Asked in Banking, Estate Planning and Probate for California on
Q: Is executor required to open estate account in order to distribute quarterly music royalty income less then $1,000?

If a person passes with a small estate of less then $50k, all creditors have been paid, but will have ongoing income less then $1,000 quarterly; is the executor required to open an estate account in order to distribute the income to the heirs in accordance with the will? Or would a separate... View More

James L. Arrasmith
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answered on Apr 27, 2023

It may depend on the laws of the state where the deceased person resided and the specific terms of the will. In general, an executor is responsible for managing and distributing the assets of the estate according to the terms of the will. If the will specifies that the income from music royalties... View More

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