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Louisiana Banking Questions & Answers
2 Answers | Asked in Banking, Communications Law and Employment Discrimination for Louisiana on
Q: I recieved a check from the neca local union no 313 ibew. The bank is trying to tell me that I altered it. What do I do
David Duke Kervin Jr.
David Duke Kervin Jr.
answered on Feb 19, 2024

If you did not alter the check, you should ask the bank why they think you altered it. You can also request the union to reissue a check if there is a discrepancy on it that is preventing the bank from honoring it.

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1 Answer | Asked in Banking for Louisiana on
Q: How can my bank charge me 120 dollars over draft fee when I had 240 in my account. That's not right
James L. Arrasmith
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answered on Feb 5, 2024

You raise a valid question. Generally, banks should not charge overdraft fees if there are sufficient funds in the account to cover a transaction. Here is some key information regarding overdraft fees in Louisiana:

- Louisiana law prohibits banks and financial institutions from charging...
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1 Answer | Asked in Estate Planning, Family Law, Banking and Probate for Louisiana on
Q: Why is the bank stalling on releasing my husband's checking account after we delivered the certified small estafe affida

We did everything by the book step by step it was accepted signed and sealed by the court that my 2 step sons and myself are the only true heirs. They still won't discuss anything about the account whats going on the process nothing. When we inquire we are ignored and they won't return our calls q

Christie Tournet
Christie Tournet
answered on Dec 11, 2023

You mention a "small estate affidavit," which, in Louisiana is not "signed and sealed" by the court. So, I am not sure how you all proceeded, but if you had an attorney assist with the succession process, then, please, reach out to that attorney to send a notice of... View More

1 Answer | Asked in Criminal Law, Banking and Civil Litigation for Louisiana on
Q: Stolen car

Did a title loan with a friend and they ended up stealing my car.

I did a title loan with a friend of mine of 20 years. I borrowed 2900 with the promise of paying back $3,900 within 21 days. My car is worth $40,000.00. We wrote up a agreement and had a witness sign it on day 20 he showed up... View More

James L. Arrasmith
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answered on Dec 15, 2023

In your situation, where a friend has allegedly stolen your car following a title loan agreement, it's essential to take immediate legal action. The details you've provided suggest possible fraud or breach of contract, especially given the sudden change in the repayment amount and the... View More

1 Answer | Asked in Arbitration / Mediation Law, Banking and Contracts for Louisiana on
Q: Can a finance company repossess your vehicle without going to arbitration first?
Tim Akpinar
Tim Akpinar
answered on Oct 7, 2023

A Louisiana attorney could advise best, but your question remains open for three weeks. Check the terms of your loan documents for any provisions relating to arbitration being a condition for repossession. However, without knowing more, the short answer to your question is "yes." Good luck

1 Answer | Asked in Contracts, Real Estate Law, Banking and Collections for Louisiana on
Q: I'd I owe a credit card company money and I sell my house does the title company have to pay the debt off before me?
Anthony M. Avery
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answered on Sep 21, 2022

The title company's job is to clear your title prior to the conveyance. If there is no judgment lien prior to closing, it may not get paid and released. Then the creditor would probably try to collect from your bank.

1 Answer | Asked in Banking, Business Law, Civil Litigation and Divorce for Louisiana on
Q: Divorced 2018.Owned small business with spouse. Signed rights to small business over to spouse. I was removed from LLC

LLC pays the note for the SBA loan. I'm still a guarantor on the loan. Bank won't release me. Ex says she can't get refinanced. I tried to refinance my house and was denied because of being a guarantor on loan. How do I get out of being a guarantor on the loan? Filed a motion for... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 9, 2021

Your partition should have:

1) Given her the LLC,

2) stated she had 30/60/90 days to refinance SBA mortgage.

If it does, then hurry and hire a lawyer to OBJECT to the HOC. If it does not, then hire a lawyer to file a 2d Petition to Partition for Omitted Liability.

3 Answers | Asked in Criminal Law, Estate Planning, Real Estate Law and Banking for Louisiana on
Q: there is a contractor who lied to everyone and said grandfather had no living relatives which made him administrator.

there is so much more and i do have proof its just finding a lawyer that will listen and take interest. this could turn into a huge case and ive been told poss. movie,,,lol. there is alot and these people have stolen, lied, bullied, and manipulate

Nina Whitehurst
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answered on Jul 4, 2021

Please understand that attorneys in this forum are not allowed to contact you, provide their contact information in a response, or in any way try to solicit your business or indicate their availability to help. You need to make the first contact. Click on "Find a Lawyer" above and... View More

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1 Answer | Asked in Banking and Military Law for Louisiana on
Q: What type of account is qualified for Louisiana Statute 29:312. I’m a servicemember who was told an account do not qual.

I’m a servicemember who was told he did not qualify for Louisiana Statute 29:312 due to my loan being a signature loan.

J. Heath Dillon
J. Heath Dillon
answered on Dec 10, 2020

It appears you were mislead by whomever told you the law doesn't apply to a signature loan. Recommend you consult with the Legal Assistance Office (part of JAG) at whatever installation to which you're assigned to get personal legal consult, advice and representation. Good luck.

1 Answer | Asked in Criminal Law, Banking, Elder Law and Legal Malpractice for Louisiana on
Q: As private caretaker of elderly client, children are accusing me of extorting the dad. He wrote checks from his personal

All that was written and allowed were verified by bank each time by account holder

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 4, 2020

If you are getting anything as a private caretaker, it should not exceed an hourly wage or weekly salary.

1 Answer | Asked in Banking and Construction Law for Louisiana on
Q: Can my bank email my contractor about my construction loan to discuss extending and not contact me?

My loan officer sent this email to my contractor. She is not on the loan and he has never reached out to me.

Angela,

Please call me so we can discuss your maturing construction line of credit.

Thanks,

Sim *****

Commercial Lending Manager

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 29, 2020

Yes, this is quite common banking practice. During any construction loan your contractor is liable to the bank for the construction loan--not the future property owner. If all goes well during construction, you will get to take over the construction loan after it is rolled over into a permanent... View More

1 Answer | Asked in Criminal Law, Banking and Small Claims for Louisiana on
Q: Can I sue some one on my checking account for taking my COVID19 stimulus money and putting it in their saving

I am the primary account holder on the said account. I added him just recently. I live in Kentwood Louisiana he lives across state line in Ms

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 16, 2020

File a claim in Justice of the Peace Court, close your checking account and open a new one in just your name.

1 Answer | Asked in Banking, Civil Litigation and Consumer Law for Louisiana on
Q: Can a bank be sued for not releasing available funds to the account holder?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 17, 2019

Way more detaIls needed. If this has to do with a divorce, hire a divorce lawyer.

1 Answer | Asked in Banking, Business Law and Civil Litigation for Louisiana on
Q: Louisiana incorporation Registration Jefferson Parish DA Paul D Connick Civil case # 2:18 -cv-09296 In 08/08/2019

Louisiana incorporation Registration Jefferson Parish DA Paul D Connick Civil case # 2:18-cv-09296 In 08/08/2019 around 10:30 am Trina Williams ticket #G59 matters of jurisdiction zoning went through intake process waiting again United labor and wage for name to be called at off SSA 115 terry... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 8, 2019

Your question makes no sense. Ask someone to write it for you.

1 Answer | Asked in Consumer Law, Contracts and Banking for Louisiana on
Q: How can a dentist draw $32k in my name? “Without” me seeing contract from lender (signing). terms, conditions, interest

Informed in dentist office the paper work signed only pre qualified me. Did not know an active loan was in place until payment reminder came in mail from lender. Every “TILA” law was crushed in this whole process by said Dentist office and said lender. Both are working in conjunction against me... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 23, 2019

Assuming that you had the expensive dental work done the written documents you signed allow the dentist and the creditor to collect the money you agreed to pay from you; it doesn't matter what you were told before the procedure. If you are unhappy about the interest rate, contact a Louisiana lawyer.

2 Answers | Asked in Banking, Civil Litigation, Family Law and Child Support for Louisiana on
Q: Hi I was wondering if I put my husband on my bank account could they take my money or freeze the account?

If I put him on it and the courts want more money or to levy or freeze it for what ever reason can they do it even if my name is on the account too?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 22, 2019

If your husband has a judgment against him or a child support garnishment, do NOT add him to any of your accounts.

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1 Answer | Asked in Banking, Estate Planning, Municipal Law and Probate for Louisiana on
Q: Hi, my dad past didn't leave a will or trust but owned property an have bank accounts what lawyer can help me with this?

I'm trying to obtain a pro bono lawyer to help assist me in gathering my dad's property house or houses an land, bank accounts, vehicles ect... An to assure all of his assets has NOT been touch sold access bank accounts or ANY ILLEGAL ACTIVITIES since the death of my dad in 2003 I feel... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 17, 2019

There is no such thing as a "pro bono lawyer." However, many lawyers will volunteer some of their valuable time to help out very poor folks who have very important legal problems and cannot afford to hire a lawyer.

"Gathering your father's property house or houses an...
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1 Answer | Asked in Banking for Louisiana on
Q: My bank accidentally deposited the same money order twice into my account. What do I do?

I don’t want to get in legal trouble, but it was their error & it was a money order not a check.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 15, 2019

Having been a commercial bank officer before going to law school, I would expect your bank to find their error sooner or later--and then correct it--without telling you. Therefore, unless you do not mind going OD when the bank suddenly debits your account, my practical advice is don't spend... View More

1 Answer | Asked in Banking, Civil Rights, Estate Planning and Probate for Louisiana on
Q: Who has the right to an abandoned safety deposit box after the death of a parent. The children or spouse?

My step father is claiming that hes finding out my mother deceased 4 years has a safety deposit box that he can't open with out me and my brother's signature. I'm not on the list at bank and they wont even tell me if these allegations are true. I need advice on how to handle this.

Douglas Lee Bryan
Douglas Lee Bryan
answered on May 18, 2018

It depends on whether the decedent had a will and/or whether the contents were the separate or community property of the deceased. If community, the naked ownership of the contents would be the childrens' but the spouse would have the use of it. If separate, full ownership would belong to... View More

1 Answer | Asked in Banking, Criminal Law and Internet Law for Louisiana on
Q: Hi, I have a question about felony computer fraud.

My husband has been charged with felony computer fraud in Tangipahoa parish. His stepfather alleges that my husband stole his bank account info and used it fraudulently. The fact is that my husband’s mother authorized it, told him it was okay. She is the one who provided the bank acct info to my... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 4, 2018

You handle it by hiring a criminal defense attorney & not giving a statement.

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