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Florida Banking Questions & Answers
2 Answers | Asked in Banking, Business Law, Consumer Law and Small Claims for Florida on
Q: Can I dispute a debit card purchase I never received?

I ordered a jewelry piece that was filed as misdelivery/nondelivery by my local post office. Claims were filed with the PO but then I was later told the seller did not insure their package so my PO cannot continue with a refund and I need to contact the seller. I do so and the seller refuses to... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2021

Just call them!

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1 Answer | Asked in Criminal Law and Banking for Florida on
Q: Can you get criminally charged if you accidentally spent $15 of your ex's card?

My friend had a nasty breakup with this guy. He purchased something on a mobile app without realizing it was on his ex's card. He tried to pay him back via Venmo but was blocked by the ex. He is now threatening to press charges and is going psycho about it.

Is there any chance that he... View More

Michael  Mayoral
Michael Mayoral
answered on Nov 15, 2021

He can potentially get arrested for theft, but theft is a crime that requires an intent to deprive someone of their property. One defense to theft charges prosecuted in Florida courts is good faith. Good faith is a valid defense if a jury finds that the defendant had an honest, good faith belief... View More

1 Answer | Asked in Banking and Small Claims for Florida on
Q: I missed my pretrial hearing that was for a debt collection. The judge defaulted me and award the plaintiff

This was 2 days ago 11/10. I forgot about the court date unfortunately. Do I have any options? This case is in Orlando Florida

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 13, 2021

You could file a motion to set the default aside, claiming excusable error on your part. it would be up to the judge.

2 Answers | Asked in Consumer Law, Contracts, Banking and Business Law for Florida on
Q: Can anyone deduct money from my Bank account without my permission? Even though they have my number on file.

I am a member of an HOA. We have a grill that we are required to pay $50. every month to use it or lose it. I never use it. Recently they stated on the statement: Beginning January 1st, 2022 we will be converting to auto pay. Payments will be automatically be charged to your card on file on... View More

Linda Liang
Linda Liang
answered on Nov 6, 2021

Nobody has right to charge your credit card without your authorization.

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1 Answer | Asked in Banking for Florida on
Q: In 2007 I co-signed on a home improvement loan on which only 2 payments have been paid between 2007 and 2010

After 2010 no payments have been made.Bank documents show in 2012 loan was written off and in 2017 statute of limitations had been reached. Question is can the bank still hold my mortgage?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 18, 2021

Yes.

As long as the mortgage company still holds the mortgage against the property no one will be able to sell it or transfer ownership until all the liens are paid.

The worst part of this sad situation is that the original amount of the home improvement loan borrowed in 2007 has...
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1 Answer | Asked in Banking and Business Law for Florida on
Q: my bank is denying me the release of my funds its been over 90 days is that legal? they closed the account july 26th

the deposit was a ppp loan that the security team failed to verify upon initial deposit and erroneously released the funds i was unaware of the loan not being fully verified i used 1600 of it and on july 4th they closed my account under fraud. turns out it was the mistake of an employee not fully... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 9, 2021

This problem is not unusual.

The PPP loan program was the first of its kind ever; and the government allowed the nation's banks and other financial organizations to make too many lending decisions that the SBA should have made.

I have helped at least a dozen people in similar...
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2 Answers | Asked in Banking and Collections for Florida on
Q: Are creditors allowed to ask for bank statements to help with proof of hardship?

I’m working with a company I’ve defaulted on due to Covid hardship. I’ve sent everything and now they’re requesting to see my bank statements. My personal account over laps at times with my fiancée business account. I try not to let it happen. But there are times he needs me to do things... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 24, 2021

You are attempting to resolve a claim that a creditor has with you. They've asked for some documents which you've provided, and now they want bank statements. Are they allowed to ask for bank statements?

Of course they can ask for them. Creditors ask for bank statements all the...
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2 Answers | Asked in Small Claims, Criminal Law, Banking and Collections for Florida on
Q: A while back I had a friend he opened a credit card and added me as a authorized user I got my own card and he got his

We stopped talking haven’t had any contact for months and I’ve been taking care of the card making on time payments there is a balance due and he just froze the account and took me off the account as of today. If I don’t pay that amount that’s left owed now on the account could I be held... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 3, 2021

As an authorized user, you are not responsible to the credit card company for the balance unless the cardholder agreement specifically makes you liable. Otherwise,

The balance is on him.

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1 Answer | Asked in Banking and Probate for Florida on
Q: A Florida resident died without any possessions but with a small balance in a checking account. Can NOK withdraw?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 16, 2021

Perhaps. See this statute to determine if it applies:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0735/Sections/0735.303.html

1 Answer | Asked in Banking and Civil Litigation for Florida on
Q: Hello, over 2 years ago my parents received $ 16,000 from insurance claim, they told me to keep the money in my bank acc

Hello, over 2 years ago my parents received $ 16,000 from insurance claim, they told me to keep the money in my bank account, so i transfered the money from their account to mine, when they would ask for money, pay their bills etc i would send them money, but i had also used most of the money on... View More

Charles M.  Baron
Charles M. Baron
answered on May 20, 2021

Best for you to schedule a consultation with an attorney to go over all the facts and communications. Based on your brief description, it sounds like, at most, you are guilty of a breaching an agreement with your parents (a civil matter that could lead to a lawsuit against you), not... View More

1 Answer | Asked in Banking and Collections for Florida on
Q: Will you have to pay back a check after you’ve cashed it if you weren’t supposed to receive it?

I received a check from Collier County school Board I cashed it and that I was called two weeks later and they told me it wasn’t supposed to receive the check and now they’re demanding that I pay it back or face legal repercussions.

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 15, 2021

Yes. You knew you weren't supposed to receive the money.

1 Answer | Asked in Consumer Law and Banking for Florida on
Q: If my bank closed my checking account do they have a legal right to keep my money that was left in it?

I am a small business owner in FL. I received an EIDL loan from the government on March 16 for $55,900 to help me keep my business afloat during the pandemic. I had the funds deposited into my business checking account at BlueVine, and had no issues until Mar 29, when I suddenly received an email... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 12, 2021

While I am not sure who or what "BlueVine" is, unless it is a legitimate regulated commercial bank or credit union you may be out of luck. And in any event, since you are obligated to repay the entire $59,500 to the US Small Business Administration or to the US Treasury, I strongly advise... View More

1 Answer | Asked in Banking and Civil Rights for Florida on
Q: the teller deposited my stimulus check without my autorization on purpose, when I said I wanted it to cash out

so I went to the bank in the drive thru then the teller deposited my stimulus check without my autorization on purpose, when I said I wanted it to cash out . she did it because apparently my account had a pending overdrawn for $259 and at that moment I didn't know, so I said I want my check to... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 6, 2021

Sorry, your bank did nothing wrong here.

Your "right" to spend your money in the manner that you want to does NOT change the bank's right to grab any of your money flowing into the bank or into any of your accounts at the bank.

Explanation: It is called the...
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1 Answer | Asked in Real Estate Law, Banking and Probate for Florida on
Q: siblings and I are being sewed by the bank holds the mtg on mother's house who is deceased

If I'm listed as deceased on the doc does the doc have to be refiled with the court?

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 28, 2021

You are being sued in foreclosure because your mother, who is deceased, had a mortgage with the lender at the time of her death. You should answer the foreclosure complaint and deny the allegation that you are deceased. The plaintiff can decide whether to amend its complaint. If you were not a... View More

1 Answer | Asked in Banking for Florida on
Q: Son in prison gave me power of attorney to make & deposit in a bank account his stimulas checks. I been refused. Why?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jan 29, 2021

Unless the bank has a current account in your son's name they will not allow you to cash any checks in his name. Why?

Because just because the bank has seen your son's alleged POA does not mean they know who he is; nor do they know if the POA is valid; nor do they care....
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2 Answers | Asked in Criminal Law, Real Estate Law, Banking and Business Formation for Florida on
Q: TLDR; If something is bought with stolen money, what happens to the thing that was bought with that stolen money?

Background Context: I'm putting together a story and there's huge plot point i want to do revolving around a homeless shelter/kitchen and an orphanage both bought by this sort of robin-hood like character who steals from the rich, (cheesy, i know), and what I'm plotting is the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 17, 2021

The "person whom the money was stolen from" would be the victim. The money, if cash, is (after possibly being used in the trial as evidence) would go back to the victim. If the money was used to purchase something, that too is seized, sold, and the proceeds perhaps returned to the... View More

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1 Answer | Asked in Estate Planning and Banking for Florida on
Q: My friend got his SSI and stimulus check direct deposited on 12-31-2020. Unfortunately, he passed away on 1-1-2021.

Can his family keep that money or does it have to be returned?

Phillip William Gunthert
Phillip William Gunthert
answered on Jan 4, 2021

I am very sorry for your loss and the passing of your friend. Based on the information that you have provided it would appear that the money was officially his. It is likely that these monies and other issues may need to be addressed with and through a probate and you will likely need to find and... View More

2 Answers | Asked in Divorce, Family Law and Banking for Florida on
Q: My ex took all the stimulus check that was a joint stimulus out of the joint account. What can I do about that?

Me and my ex recently divorced. Papers haven’t been signed but judge ruled. We still have a joint account, which the stimulus was deposited into. My ex transferred the entire amount to his own account and left me with nothing.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 2, 2021

What do the "papers" provide for with respect to the joint account?

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1 Answer | Asked in Banking, Bankruptcy, Products Liability and Business Law for Florida on
Q: Yes I have a question, As a small business I have checked and it looks like something went wrong and I never got help

We are the number one minority, We are also for our clients a tax break when they file their taxes being we are in all ladies commercial/residential company.We are going on five years flipping homes. I have got to get Some form of income to keep the last five employees I have. I have already lost... View More

Tim Akpinar
Tim Akpinar
answered on Dec 13, 2020

I'm very sorry for your difficult situation, especially since it seems to have resulted from your being kind and thoughtful of your employees. You could consult with attorneys to investigate whether there is anything they might be able to do - but that could further add to your expenses - it... View More

2 Answers | Asked in Banking and Estate Planning for Florida on
Q: An individual becomes incompetent can the executor of the estate perform financial matters?

Can the health poa also perform financial matters if someone is incompetent ?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Nov 4, 2020

If you are referring to a health surrogate form the answer is no.

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