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California Banking Questions & Answers
2 Answers | Asked in Banking, Business Formation and Business Law for California on
Q: I just started a non-profit LLC company so what are the next steps in legally keeping my company in good standing?

Beginning of this month I filed my articles of incorporation and today the Secretary of State of California approved the articles of incorporation and I am unsure what to do next?

Matthew Morris
Matthew Morris
answered on Sep 24, 2022

Congratulations on starting your nonprofit. You have chosen an unusual path by using the LLC formation method. One of the first things you will likely want to do is to file a "statement of information" with the Secretary of State -- usually within about 90 days from when you filed your... View More

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1 Answer | Asked in Banking, Gov & Administrative Law and Public Benefits for California on
Q: Can the government (EDD) garnish federal student loan money, if it's my only source of income?

I know the government can garnish your bank account or paycheck, but what if your only source of income *is* the government (e.g. unemployment, welfare, federal student loans)?

Can/do they still garnish the funds?

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

A loan is not income. [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 an attorney for formal legal advice and representation.]

1 Answer | Asked in Banking, Business Formation, Securities Law and Stockbroker Fraud for California on
Q: Can I manage other people's money (money manager or portfolio manager) with only my series 65 license in California?
Steve A. Buchwalter
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answered on Sep 1, 2022

Anyone can allow you to manage their money. There are no requirements for you to do so. Having a business of, or charging for, managing someone else's money can a different story and is more complicated.

1 Answer | Asked in Civil Litigation and Banking for California on
Q: Do I have possesion rights?

Exgirlfriend and I purchased vehicle together. I have possesion and remain with possesion for 2+ years. She refinanced the vehicle and removed me from the title. She is now demanding I return the vehicle to her. She is threatening to call and report it stolen. What rights do I have in length... View More

Louis George Fazzi
Louis George Fazzi
answered on Aug 28, 2022

I would really like to see more information regarding your situation. Since you are in possession of the vehicle and have been a lawful owner prior to the time your former girlfriend refinanced the vehicle, it seems to me that you have a continuing right to possess the car. If your former... View More

4 Answers | Asked in Banking, Bankruptcy, Business Law and Contracts for California on
Q: Do I need a bankruptcy lawyer

Do I need a lawyer to help with a foreclosure

Tristan Brown
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answered on Jun 24, 2022

Whether you’re a landlord or tenant in the foreclosure process, it is advisable to consult a lawyer. The foreclosure process can be complex and you may need adequate legal representation to guide you along the way.

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1 Answer | Asked in Consumer Law and Banking for California on
Q: I'm needing a Consumer Protection lawyer - pro bono in California. Chargeback dispute with Bank of America
Leon Bayer
Leon Bayer
answered on Jun 17, 2022

I am sorry you are having this problem. However, the description of a "chargeback dispute" tells us nothing about the merit or lack of merit concerning your claim. I suggest you submit a new question and provide some brief details, and you should then get some helpful advice.

1 Answer | Asked in Banking for California on
Q: Is it Legal for companies to buy a loan from another company and then change the terms and charge you more money?
David H. Relkin
David H. Relkin
answered on May 9, 2022

The first rule when it comes to lending is that the terms of your loan cannot be modified unless the original agreement allows for it. (In many cases, lenders' agreements allow for the assignment of a loan.) Thus, unless you were to ratify the "new terms" (by having executed some... View More

1 Answer | Asked in Consumer Law, Arbitration / Mediation Law, Banking and Civil Litigation for California on
Q: Mt son received unemployment benefits that were deposited to a debit card serviced by Bank of America.

Last October my son discovered that over 16,000 dollars were missing from his account. He promptly reported the missing funds to BofA and filed a police report. Bank of America has repeatedly denied his claim. What can he do to get his money back?

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 13, 2022

File a claim with the Federal Deposit Insurance Corporation. His money is insured up to $250,000.

2 Answers | Asked in Bankruptcy, Banking and Federal Crimes for California on
Q: okay so i recieved a check of 9,000 i thought i won it because of lottery i was playing i told the bank if it was real

he told me yes then i took money out next day , then they told me i deposit a check fraud can i go to jail

Tristan Brown
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answered on Apr 12, 2022

There are a number of prevalent scams involving fraudulent checks. I'm sorry to learn you that you may have been a victim.

Unfortunately, it is difficult to determine the possibility of criminal charges without knowing more details surrounding your situation. You did not mention how...
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1 Answer | Asked in Banking, Business Formation and Consumer Law for California on
Q: The bank won’t give me my money or close my account

A friend of mine Give me a check and asked me to put in my account it cleared the bank refuses to give me the money for the money cleared on the 14th I just found out today the 23rd They told me they wanted my friend to verify himself so I went and got him got all the documents to verify himself... View More

Maurice Mandel II
Maurice Mandel II
answered on Apr 17, 2022

small claims allows up to $10,000. It may be the fastest way to unfreeze the account, and the bank should not put a freeze on any funds not a part of the check. Consult with a local attorney.

5 Answers | Asked in Bankruptcy, Banking, Federal Crimes and Social Security for California on
Q: I ran a credit report and found out someone used my credit to get a car loan. What should I do? Any one that can help me

I have the name of the loan company that issued the loan to this stranger that stole my identity. Can I file a lawsuit?

I live in Rosemead any lawyer near me

Yelena Gurevich
Yelena Gurevich
answered on Feb 23, 2022

first, you need to file an identity theft report with the FTC (and maybe your local police station).

Then you send a dispute to each credit bureau with a copy of the police report and ask them to remove the entry on your credit report. See annualcreditreport.com for instruction. Make...
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1 Answer | Asked in Consumer Law, Banking and Collections for California on
Q: In California what is section 9, chapter 19?

Alright, we are going to download the case against your name and social, thereafter you will be receiving the court summons at your doorstep and thereafter we will not be able to help you out. We did not received any response from your side. We will consider that you are ignoring this matter and... View More

Yelena Gurevich
Yelena Gurevich
answered on Feb 8, 2022

this sounds like a scam. but without you sitting down or sending the document to an attorney, no one can answer your question. there are many chapters and rules and you would need to specify which set of rules this is referring to, i.e. civil procedure, rules of court, etc.

1 Answer | Asked in Estate Planning, Contracts, Banking and Probate for California on
Q: Co-admin of intestate estate removed CA PROB §8500, is estate still liable for assignment of beneficial interest?

My brother took inheritance advances and then stopped communicating with myself and the court; he and his lawyer have since been removed under CA PROB §8500. I am now the only heir to the estate and would like to know if the estate will still be liable for the inheritance advances that my brother... View More

Julie King
Julie King
answered on Dec 30, 2021

Your question is not entirely clear because you are using some incorrect legal terms. The person in charge of administering an estate (the "Administrator" of the estate) is the person whose job it is to pay the decedent's final bills, ensure the final tax return is filed, and do many... View More

1 Answer | Asked in Government Contracts, Banking, Business Formation and Business Law for California on
Q: I received an email from " Jerome Powell " saying the federal reserve bank has millions o dollars in my name . There

Supposedly their is a large fund from the imf that belongs to me , it's been going on for 4 yrs now . What are the chances it's real ? I have acct numbers docket numbers but where can I validate them

Julie King
Julie King
answered on Dec 27, 2021

It's almost certainly SPAM, but a lawyer would need to look at the actual email to tell one way or the other. Look at the email address from which it came. Does it end with .gov or .com? All government addresses should end with .gov. Also, if they ask you for your social security number or... View More

1 Answer | Asked in Banking for California on
Q: Request information for the bank

Hello!

I hope you are doing well.

Could you please help me?

My company wants to open a bank account. But the bank requires all the founders to be physically present. Due to the epidemiological situation in the world, some of the founders are not able to come to the USA.... View More

Maurice Mandel II
Maurice Mandel II
answered on Nov 17, 2021

A notarized power of attorney by each founder should do it. I suggest you ask the bank first.

1 Answer | Asked in Banking and Collections for California on
Q: Can a collection agency garnish my bank account , strictly social security benefits ?
Yelena Gurevich
Yelena Gurevich
answered on Oct 19, 2021

No. But you have to take certain steps like filing a right of exemption and notify the collectors attorney that the funds are social security only.

1 Answer | Asked in Banking and Consumer Law for California on
Q: How long can a State of California/US treasury Check legally be held by a bank ?

I went inside the bank to deposit a check. Was told was gonna be held til next day. I get email stating it’s on a hold/freeze. That was 8/24. States it will be held til 9/2. Spoke with rep who said confidential hold. Read the reasons on why it could possibly invoke a hold. None of those reasons... View More

Leon Bayer
Leon Bayer
answered on Aug 29, 2021

Was the check made out to you or to someone else and signed over to you?

Clearly there is something making the bank concerned. What could that possibly be?

You say you cashed a similar check 6 months ago.

That is what makes me ask if the check belonged to someone else. If...
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2 Answers | Asked in Consumer Law, Contracts, Personal Injury and Banking for California on
Q: My checking account was cleared by the bank of nearly $9,000.00 for a debt that is not mine. The bank will not return $.

Debt belongs to ex husband. Debt was granted and incurred post divorce by 2 years. Divorced 2015, his alleged debt was applied for in 2017 and (per the ex) . Both myself and my ex have tried prior to this to remove his name from the account but WF gave us a terrible time and couldn’t figure it... View More

Yelena Gurevich
Yelena Gurevich
answered on Jul 26, 2021

You need to call and speak to a lawyer right away. This is not something you can resolve by posting on this forum. You will likely need to hire an attorney to have this resolved.

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1 Answer | Asked in Estate Planning and Banking for California on
Q: How do I become beneficiary over my deceased dad's estate cause my mother was the bene but she died unexpectedly no wil

I've taken over his asbestos trust since my mother passed but the attorney didn't have the affidavit notarized stating that I have been made beneficiary over the trust. Now a bank has closed my acct since March 2021and refuse to release the funds back to the other bank who sent my... View More

Julie King
Julie King
answered on Jul 22, 2021

You may be using the wrong legal terms and, if so, it's OK, but it just makes it harder for a lawyer to know what you're asking. A "beneficiary" is a person who benefits by receiving assets from someone else's trust. In other words, a beneficiary inherits assets as a... View More

1 Answer | Asked in Criminal Law and Banking for California on
Q: Is it illegal to sell a car with a lienhold if the buyer did not know about it prior to buying the car
Dale S. Gribow
Dale S. Gribow
answered on May 25, 2021

if you know you don't have "clean" title and try to sell it, you are knowingly committing a fraud........don't do it.

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