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Florida Banking Questions & Answers
3 Answers | Asked in Personal Injury, Banking, Car Accidents and Elder Law for Florida on
Q: In Florida if I'm on my mother's bank accounts only to be used for her benefit since she is 93 and has dementia.

If I have a judgement against me can they take all her money. I was recently in a care accident and the other driver has obtained an attorney.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 22, 2023

If you had automobile insurance, the insurance company should obtain an attorney to defend you against this claim.

If a judgment is entered against you, and the judgment creditor garnishes the bank accounts, you will want to file a claim of exemption. At the exemption hearing, you would...
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1 Answer | Asked in Banking and International Law for Florida on
Q: I need legal advice regarding sanctions restrictions that may apply to bank accounts of a citizen of Russian Federation

Hello,

I am writing to kindly request a legal advice regarding sanctions restrictions that may apply to bank accounts of a citizen of Russian Federation.

The case is as follows:

A citizen of Russian Federation has bank accounts in banks in Europe and in the USA.

1.... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2023

This is not the forum where you can type up specific legal questions, and receive free legal advice. As a lawyer, I may provide some direction, however. For instance, why are you asking these questions? Have your accounts been closed? Have the US banks cite to any laws pursuant to which they closed... View More

1 Answer | Asked in Employment Law, Personal Injury, Banking and Car Accidents for Florida on
Q: I have several things that I have endured over the past couple years that I believe could be potential lawsuits differen

I'm basically want to hire myself and attorney that I can pay monthly payments to and I can go over all of my different practice areas and I believe they need attention it's too many things done to me wrong over the course of my life I understand there's a statue of limitations for... View More

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

If you're interested in hiring an attorney, you can search for attorneys in your area who specialize in the relevant practice areas for your potential lawsuits. Many attorneys offer free initial consultations, so you can discuss your potential cases and payment options during that meeting. You... View More

1 Answer | Asked in Personal Injury and Banking for Florida on
Q: How do I open a bank account when I'm in the hospital and not fit enough to physically do it?

I'm asking this for my girlfriend (It's a distant relationship, she is from the US and I'm from Germany ) because we need the inheritance money that she got from her father to pay for medical expenses (a lawyer already handled the money, she just needs to open the account).

Charles M.  Baron
Charles M. Baron
answered on Feb 7, 2023

One option is to execute (sign with formalities) a Power of Attorney giving your girlfriend the power to open an account in your name. It's unclear from your post whether you are currently in Germany. If you are, and the account needs to be opened in Florida, you'd need to have the... View More

1 Answer | Asked in Uncategorized, Banking, Estate Planning and Probate for Florida on
Q: My father passed away in 2015. 1Dec 2022, I received a letter from a bank stating there is a savings account for him.

The bank says I need a court order to close it. Balance is roughly $3,000. How do I get a court order?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 30, 2022

Actually, a court order might not be necessary. Call the bank's attention to Florida Statute 735.303 and send them an affidavit as set forth in that statute. The statute can be accessed here:... View More

1 Answer | Asked in Banking for Florida on
Q: Can a bank legally freeze all my accounts without notice because I missed a payment on my bank CC account?

My bank (credit union, actually), with whom I have had accounts for over 25 years, recently froze all of my accounts (2 checking, 2 savings) with assets totaling over $180k, without any warning or notice. The reason they gave for this is that I had an outstanding balance on my credit card (issued... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 19, 2022

No, but unless you hire a lawyer to contact the credit union for you they will continue acting silly.

2 Answers | Asked in Real Estate Law and Banking for Florida on
Q: Is a bank allowed to foreclose on property that was gifted to someone in a will?
Barry W. Kaufman
Barry W. Kaufman
answered on Dec 1, 2022

Suppose these are the facts: Joe owns a house and has a mortgage on it. He devises the house to Sam, his friend, in his Will. Joe dies, Sam takes possession of the house. The mortgage is not paid. The bank can absolutely foreclose on the house but cannot hold Sam personally responsible for the debt.

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2 Answers | Asked in Arbitration / Mediation Law, Banking, International Law and Stockbroker Fraud for Florida on
Q: How do I get a Brazilian arbitration court default judgment enforced in US (Probably Florida)

I'm a citizen of Florida. A Brazilian company I was a partner in was stolen by forging my signature when I was out of the country. That company is now trading on the NYSE (with my forged signature). I sued and won in Brazilian Arbitration Court under UNCITRAL treaty. The judgment was to... View More

David H. Relkin
David H. Relkin
answered on Aug 4, 2022

There are a few distinct issues involved in your inquiry: the recognition of a Brazilian Arbitration Award and the attachment of US Company assets. (In order to answer, I will of course assume all the facts you stated are true unless they are contradictory.)

Even before reaching the...
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2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Banking for Florida on
Q: I have a question regarding unprocessed payments and who should get the money.

My brother in laws house was foreclosed on, prior to this the mortgage company stopped cashing the payment checks (for five months) He was allowing a family member to stay in the house, and they paid $500 per month. As they didn’t have a checking account I sent the checks for them to the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 23, 2022

You have no obligation to pay anything to the mortgage company, merely an obligation to hold the funds you received from the "family member". You should pay those funds to whomever the "family member" tells you to pay. And, by the way, if the "family member"... View More

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1 Answer | Asked in Consumer Law and Banking for Florida on
Q: Can a credit union refuse to replace a credit card or debit card, because of excessive fraudulents on your account?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 16, 2022

Yes. IMO, you should be happy you are a member of the credit union. Most financial institutions are harsher than credit unions: state and federal banks just close your accounts and do not let you do any more business with them, ever.

2 Answers | Asked in Real Estate Law, Tax Law and Banking for Florida on
Q: What kind of lawyer do I need? And what are the charges?

I’m a Malaysian. Bought a land with LLC years old in Fort Myers. The land was put into an auction . Received a surplus check. But could not claim it due to it is in LLC .

I need someone to help me in claiming the surplus. What kind of lawyer do I look for . And how much is the charges?... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 29, 2022

You may be able to reinstate the LLC by paying the required amount to the Department of Corporations. If that's possible and the LLC is once again active, you may be able to negotiate the check. Checks have an expiration date, so you don't want to wait too long.

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1 Answer | Asked in Real Estate Law, Tax Law and Banking for Florida on
Q: I’m from Malaysia , years ago I bought a land with LLC, tax wasn’t pay , company not active.

Then the land was put into auction I think. Now they gave me a surplus disbursement check . I cannot claim it directly with my name ,on my country. How can I claim the money. I was planing to open another LLC same name but my country don’t have LLC. They have LLP or BHD . Or Can I hire a lawyer... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2022

A lawyer cannot "claim" it for you, but can help you navigate this transaction. I recommend contacting the county or whomever issued you the check to re-issue it to you individually in your name. If that does not work, you may need a lawyer to figure out next steps.

1 Answer | Asked in Banking for Florida on
Q: I want to file a law suit against HSBC for scam and money laundering. Can I do it myself or I need a lawyer?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 4, 2022

HSBC is one of the largest international banks on earth, so no, you cannot sue them by yourself. Nor will you convince any experienced Florida lawyer to do it for you, unless you plunk down at least $250,000 up front.

1 Answer | Asked in Consumer Law, Contracts, Banking and Military Law for Florida on
Q: I believe my car has been wrongfully repossessed, what should I do?

I am active duty member currently on deployment but coming home soon. Back in January my car got impounded for expired tags. I talked to the impound lot and explained the situation and they said they would hold my car till I got back from deployment. Now right when I am about to come home I found... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 7, 2022

You are protected by the Servicemembers' Civil Relief Act, which protects military personnel from certain actions while deployed. You should contact the bank and assert the repossession was improper under the Act, especially since you were not past due and had made arrangements for you... View More

1 Answer | Asked in Banking for Florida on
Q: My Mom passed away in Jan. 2022. I want access the bank statements for the last year bank says I need a court order?

How do I accomplish this I live in FL, bank is in Oregon.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 22, 2022

Unless your name is on the bank account as a joint owner no bank will allow you or anyone else to access anything associated with your mother's account.

The "Court Order" they are talking about is an order of a probate judge, which means you must open a probate account....
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1 Answer | Asked in Banking and Contracts for Florida on
Q: If property that was financed was sold.

Out of state bank with communication problems, I sold items to survive...there are " many" items wrapped together on one loan , value over 100,000

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 5, 2022

Banks rarely take a security interest to secure personal property purchased with the loan proceeds. What is your question?

1 Answer | Asked in Contracts and Banking for Florida on
Q: Can car companies add a “market value increase” charge on my car buyout that is not in my original lease contract?

I recently went to my dealership to purchase my car and pay the rest of the lease off. The object was to not have a car payment any more. My husband and I estimated my total buyout and everything to be around 15,000 since my residual value is 11,000 and I still owe 2000 in lease payments plus tax,... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jan 18, 2022

Generally, if any important change is made to a contract without being part of the original contract, the change cannot be made.

However, without being able to read every page of your original contract plus read any other attachment addendums, or similar changes it is impossible to answer...
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1 Answer | Asked in Banking for Florida on
Q: Someone offered me a job of “Bitcoin trading” where I would act as a middle man between clients.

I would receive money from them, buy bitcoin, then send out the bitcoin to a wallet. I would receive a percentage from these transactions as a fee. Is this illegal in any sorts? Is it potentially fraud or money laundering?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jan 15, 2022

This is either a scam aimed at stealing from you or one of the thousands of money-laundering schemes that the Fed, the IRS, the FBI, and the DOJ are now busting.

2 Answers | Asked in Banking for Florida on
Q: Am I liable??

I got a check for a settlement deposited the same day the next day cleared Iused some founds and the 3 day payer putstop On the check saying they made a mistake.can I be liable for the money spent?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 20, 2021

They settled a claim you had against them by cashing their check? Unless I understand you, it appears that you had every right to spend it.

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3 Answers | Asked in Contracts, Family Law, Banking and International Law for Florida on
Q: Bank account in Canada not honoring my contract.

It is joint with rights of survivorship, we specifically wanted to have access to it regardless if one of us died. Now the bank has frozen the accounts after I innocently mentioned to them of her passing since i thought i was in my right. They are saying that there is no rights of survivorship in... View More

David Luther Woodward
David Luther Woodward
answered on Dec 18, 2021

Read the contract carefully.

The municipal law of Quebec is based on the Code Napoleon (like Louisiana) and cannot easily be compared to the common law of Florida.

I would suggest you hire a lawyer in Montreal (sometimes a notaire can handle this type of problem) and see if it...
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