Get free answers to your Banking legal questions from lawyers in your area.
Bank being very vague about whether I will get money back on counterfiet checks they cleared.
answered on Sep 19, 2024
If you cashed or deposited a counterfeit check, the bank is generally not liable. They may have made the funds available to you, but that does not mean the bank must eat the loss.
I am looking into joining a debt relief program and before doing so, I am concerned that not paying/defaulting one of my unsecured credit card debts that will be included in the program with Chase Bank will then cause them to repo my vehicle which is also a lease through Chase Bank. I also have a... View More
answered on Jul 24, 2024
When you default on an unsecured credit card, it doesn’t automatically lead to the repossession of your leased vehicle. Typically, the repossession of a vehicle is associated with missed payments on the auto lease itself, not other unrelated debts. However, banks can cross-check their records,... View More
A bill of exchange such as a check is payable on demand and if it isnt, the bank is obligated to pay it according to the Bill of Exchange correct?
answered on May 15, 2024
In your specific example, with a check, the answer is almost always no. I don't know of any bank that would issue payment to a check payee when there are insufficient funds in the account. When a customer sets up an account with the bank they usually sign an agreement that entitles them to be... View More
I'm overseas and cannot go to the bank in the U.S. to deal with the problem. I'm worried that they would close my account and issue a check - the problem is that the company name has been changed (and I didn't get to notify the bank) so I cannot deposit the check to a business... View More
answered on Jan 29, 2024
All of the questions you are asking are specific to policies and procedures that are at the discretion of your banking institution. In other words, whether or not the account is actually dormant, how to prevent the bank from closing the account, and how to ensure it is reactivated, is solely... View More
Hello, I made a stupid decision. I opened an m&t checking and savings account last month on the 18th. A few days ago, I downloaded bet mgm (an online gambling site) and placed a few bets. I had just gotten paid 1,000 from my current job.. So I bet with that money and ended up with $1500. So... View More
answered on Nov 3, 2023
You should stop posting information online since you have admitted to a crime. You could be charged with fraud and theft. I would not speak further with anyone about this case. You should retain counsel if you are charged.
Recently, a close friend and I had a falling out. In retaliation against me, she accessed my Certificate of Deposit account without my authorization, closed it, and transferred the money to one of her accounts. The bank says that she was also a primary account holder and, due to the Terms and... View More
answered on Oct 4, 2023
It’s either a civil suit to recover the money, or a criminal case of theft (depending on the joint account relationship), or both. Lawyer charge by the hour, so if the amount is under $5000 then you’re better off suing on your own. Not sure if the police would file criminal charges based on a... View More
It’s been five years since this happened and they almost always promised to start paying me back and never did and we are no longer friends and I’m left with this debt. It’s $3283.
answered on Jul 12, 2023
The statute of limitations for commencing a civil suit is 3 years, so that has expired. You can file the lawsuit, but if the defendant raises the statute of limitations as a defense, you lose. It is an affirmative defense, so the defendant has to raise it or he waives it. Your facts also support... View More
I got an email from my school and the person said they were hiring students for a research position. In the email they said to contact my professor from the English department to submit my resume. They sent me a check from an email that ended in edu. I trusted the check and it was successfully... View More
answered on Apr 24, 2023
Without evidence that your school was somehow involved in the scam, I don’t see much likelihood for success.
Internet scammers often impersonate other email accounts in order to hide their identities. I think it is highly likely your school was not involved
Can the role of convenice person be presumed based on who added money to the account and how it was used if nothing was expressly stated in the account agreement?
answered on Mar 19, 2022
If two person's names are listed as joint account holders, and there is no designation otherwise, the law presumes the account is joint owners with right of survival, and both account holders have equal access to the funds from the bank's perspective. However, if there is an agreement... View More
I was under the impression that once a child was over 13 years old, an UTMA could not be established as a savings, it is then a youth savings or joint. What is the case, I can find a lot of information on disbursements of UTMA but nothing on establishing. This is an UTMA unrelated to Title 13
answered on Jan 8, 2022
UTMA stands for Uniform Transfer to Minors Act and is governed by Title 13 of the Estates and Trust Code, so claiming an UTMA account isn't governed by Title 13 will do you no good. There is no age 13 limit. The age of majority in Maryland is 18, so any person under 18 is a... View More
She is bedbound with expired ID but quite lucid
answered on Nov 4, 2021
Only the beneficiary named on the account or the Personal Representative appointed to act on behalf of the deceased account holder's estate is entitled to that information. If your mother cannot communicate directly with the bank, but is mentally competent, then she might execute a power of... View More
a year and a couple years. Fast forward we ended up breaking up in June of 2018. Quick detail, her father 'gifted her' $265,000, which is what was used to buy the house. Each month I would pay her Father $1,000, 'morgage' I would also pay USAA home insurance and property taxes... View More
answered on Jul 24, 2021
You fail to identify whose name(s) is/are on the deed. That will determine legal title and ownership. If your name is not on the deed, then you are left with a claim to some equitable ownership interest based on your $1,000 monthy payment toward repaying the $265,000 "loan" to buy the... View More
He is a surgeon for WHO in Frankfurt Germany and having issues with his online bank. His online bank put his account under dormant. He needs to access his account but also having issues with server there. He asked me if I can access his account and gave me the password and account number. My... View More
answered on Jul 13, 2021
If you are acting with the permission of the account holder, at his direction, then you are not committing any crime. If the bank has an internal policy regarding its account customers granting others access to their online accounts, then that is a civil contractual matter between the bank and... View More
Defaulted on unsecured credit card and LOC payments .
Bank filed a Law-suit, and Court has given 30 days (04/13/21 received on 4/29/21) for Pleading or Motion.
Fines and penalties aside, the Bank’s claim is right. But I have no money or personal things, to pay. I live and survive... View More
answered on May 4, 2021
I’d be concerned if you owned real property in your sole name, but other than that, you sound judgment proof. If you do own a home, and it’s tiled as tenants by the entirety with your wife, then that property is safe. They can’t attach SSI with a garnishment even if it was your SSI, but they... View More
I'm an 16 year old trying to start a non-profit. As a minor, am I allowed to operate the bank account for my non-profit?
answered on Feb 1, 2021
Until you turn 18, you are deemed a minor without legal capacity to enter into binding enforceable contracts. That means no other parties will agree to do business with you if they know you are a minor. Banks require that you show photo ID and proof of age, so you cannot open an account solely in... View More
Can I write a check to my 2 year old grandson in his name. Of course, his father would have to endorse it. Would he have to set up a new account for the child?I recall getting a check as a child and it read pay to the order of my name (minor).
Please let me know. Thank-you
answered on Jan 18, 2021
Maryland law allows for minors to hold funds in special accounts under the Uniform Gift to Minors Act. Such accounts have the minor's name PLUS an adult "custodian" who acts on behalf of the minor until they reach majority. The funds belong to the minor but the adult can make... View More
So in January my mom got a letter from her financial advisor which was from the IRS telling her that she had to fill out a W-9 because the social security she had in her account was wrong. My mom immediately took action and we went to our financial advisor office to correct the social security... View More
Some men messaged me. He told me he'd give me an "allowance" and he said we needed to do a test in for him to know that he can trust me. He sent me a check and told me to deposit it and I did. Then I got scared and after doing some research I realized that he was doing a popular... View More
answered on Jun 24, 2020
Yes. Call the police and provide the email address, telephone numbers, names, whatever it is you have. My guess is the scammer is too smart to use anything traceable back to him, but that's an issue for the police to figure out.
If I was made the beneficiary of an anuity and the life insurance company the anuity was through says that their "signature expert" says that checks that were signed by the anuity holder and issued to me as reimbursement dont match alleging that they may have been forged what can I do to... View More
answered on Jun 2, 2020
It is unclear whether you have actually been charged with a crime, or whether the insurance company holding the annuity account is simply dishonoring the checks written by the owner of the account. Ideally, the account owner can clear this up by confirming the signatures on the checks is... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.