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Michigan Banking Questions & Answers
1 Answer | Asked in Contracts and Banking for Michigan on
Q: How does one prevent someone in the family from opening a credit card, bank account, debit card, etc?

what do you need to make sure a person (above 18 in your family) can not open a credit card, bank account, debit card or any other financial instrument so that they can spend/buy things?

Brent T. Geers
Brent T. Geers
answered on Mar 22, 2022

You can't prevent someone over 18 from doing any of those things in their own name unless you happen to have legal guardianship over them. It does not matter if they are your own biological children. Once they are 18, you have no legal right OR responsibility for them.

2 Answers | Asked in Banking for Michigan on
Q: Do we have grounds for bank violating trust / damaging our business?

My wife manages her therapy business finance at Bank X. Recently, she had a difficulty with a teller, and was short with teller. Teller, who was likely unhappy about altercation, immediately used confidential access she had to my wife's business practice to go to her Google Business page and... Read more »

Adam Alexander
Adam Alexander
answered on Feb 28, 2022

You could potentially sue for defamation. However the overwhelming majority of courts have found that reviews on sites like Google Business are "opinions" and protected free speech. Also, you would have to prove tangible damages, such as specific loss of business. Since the review has... Read more »

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2 Answers | Asked in Banking, Civil Litigation and Real Estate Law for Michigan on
Q: I had a joint mortgage with my ex wife. I was bought out for $40,000 (my half of equity) but she wont take my name off?

Had a joint mortgage with my ex wife and 2 years ago I was bought out ($40,000) and she was supposed to refinance and put the house in her name. 2 years later, she still has not refinanced and got my name off the mortgage. Now, every time she is late, my credit is dinged and to help my credit not... Read more »

David Soble
PREMIUM
David Soble
answered on Feb 14, 2022

Your next legal steps will be dependent upon the terms of the divorce decree. You may have to go back to court and motion the court to enforce the terms of the agreement.

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1 Answer | Asked in Civil Rights, Consumer Law, Products Liability and Banking for Michigan on
Q: Is there any legal action I can take against him?

I opened a bank account and was going to have my boyfriend added as a joint account. We got the paperwork filled out and went to go process it but it didn't process because he is in collections with his separate bank. We were told he needed to pay that debt of 1st before he could be added.... Read more »

Brent T. Geers
Brent T. Geers
answered on Dec 20, 2021

Do he clear up the debt with the other bank first? I would contact the bank, then the police to file a report.

1 Answer | Asked in Consumer Law, Banking and White Collar Crime for Michigan on
Q: Hi, I was victim of bank fraud - someone other than me initiated in branch transactions, bank didn't raise flags or stop

Do I have case for bank failure to either protect n secure my banking & personal info, since someone within the "bank" compromised my info, and also either failed to spot n prevent to confirm n varify acct ownership, or someone within that branch conspired to allow these transactions... Read more »

Brent T. Geers
Brent T. Geers
answered on Nov 28, 2021

Without more, it's likely the bank will restore to you whatever funds you lost. Depending on what exactly happened, or how much you lost, you could look into pursuing things further.

1 Answer | Asked in Criminal Law, Banking and White Collar Crime for Michigan on
Q: If I had illegally used a debit card 2015, moved to Florida what are my options if any? Statute of limitations?

I had used my mom's credit union debit card at numerous places at the end of July 2015. Over a weekend. On Monday I got on a bus to Florida to escape an abusive boyfriend and a very serious drug problem. (Heroin for almost 12 years @ 30 yrs old. I e been clean and sober since. No further... Read more »

Brent T. Geers
Brent T. Geers
answered on Nov 12, 2021

Do you have pending charges? Are there warrants for your arrest? If so, then at some point you'll have to deal with each case. And if you have warrants, it's hard to say whether any of them are serious enough to extradite you, but that is a possibility that you absolutely don't want.... Read more »

1 Answer | Asked in Banking for Michigan on
Q: I purchased a car last week and now the finance company is attempting to verify my employment

I purchased my car last week and now the fiance company is calling the dealership because they want to verify my employment but the problem is I separated rather aggressively from that company. I gave them all my paystubs and was already approved and in possession of the vehicle can they reposses... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 13, 2021

Good question. I don't think they will go to that extreme provided you stay current on payments. At the end of the day, this is all a business, and they are chiefly concerned with securing their interest in the vehicle.

2 Answers | Asked in Banking for Michigan on
Q: I wanted to know if I have a case if my bank gave out my account information to someone else

Someone else had my account number the bank teller told this person how much money I had in my account they also told her that I have someone else on my account with me and they asked her if she would like to take the money out of the account

Brent T. Geers
Brent T. Geers
answered on Apr 30, 2021

Was any money taken from you? How do you know this information to be true? If no money was taken, it's probably something you should address with the bank manager.

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1 Answer | Asked in Banking for Michigan on
Q: Hi, I'm trying to help a friend who needs legal advice regarding student loans.

She is a single mother who works and gets paid twice a month. She has student loans and just recently they are going into her bank account every time she gets paid and taking 100% of her income leaving her with no money to pay for anything. Which means she will be homeless in no time

Brent T. Geers
Brent T. Geers
answered on Mar 17, 2021

I take it she is in default with those student loans, and they are now garnishing her bank account to satisfy the judgment. She probably needs to talk with a collections or bankruptcy attorney quickly and, if possible, stop her paycheck from going into that account. Once the bank receives a... Read more »

1 Answer | Asked in Contracts and Banking for Michigan on
Q: Is it legal for someone to keep mail from me in this kind of circumstance?

I got a car with my grandpa as cosigner. He later got diagnosed having dementia. My uncle then became person in charge of his affairs, his financials included. My vehicle was repossessed for non payment of three months. I didnt receive any notices. I later found out notices had been sent to my... Read more »

Adam Alexander
Adam Alexander
answered on Feb 18, 2021

Were you supposed to make the monthly payments? It is not clear in your question.

Not a lot you can do to avoid this debt. Despite the lack of notice, you (or your grandpa) was required to make the payment. When the payment is not made, default occurs. The creditor can then proceed with...
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1 Answer | Asked in Banking for Michigan on
Q: I am 66 years old on SSI disability I've been with my bank for 8 years someone wrote a check online overdrafted my accou

I have a no overdraft on my account they should have never overdraft they said it was an online banking check with my name on it I do not have on my banking they said I signed up for it I said I've never used it look at my history they have put me from person to person instead of getting my... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 17, 2021

You will likely have to file a fraud report with the bank and maybe the police. Short of that, unfortunately, there's not much that can be done unless or until they find who did this.

2 Answers | Asked in Banking, Consumer Law, Contracts and Real Estate Law for Michigan on
Q: Real estate question. Hello all. Can I sue my mortgage lender?

I was buying a house and closer decided to end the deal due to lender not meeting closing date. I know meeting closing date is not guaranteed but every time I try to contact them they never called back. When I was finally able to contact them (two day before my closing date) they said they needed... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 26, 2020

Are you using a Realtor? That person is probably the first person you should (or should have been) in contact with. Generally, since the mortgage lender is not a part of the contract you made with the seller, it would be hard to assign liability to them.

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1 Answer | Asked in Family Law, Banking and Elder Law for Michigan on
Q: A deposit was made to joint acct, one member dec'd, thought deposit was a benefit or payment due to me as executor

didn't know if it was reverse mtge or life or whatever, it continued past his death till last month. I was on the acct way before the death. Is this a criminal error?

Brent T. Geers
Brent T. Geers
answered on Oct 6, 2020

So what was the deposit for? It's probably not criminal but you may need to repay it to whomever made the deposit at some point.

1 Answer | Asked in Contracts and Banking for Michigan on
Q: Can a bank cancel my gap insurance because they mess up on my loan?

apparently they do not offer gap insurance on the type/length of loan we have. But we sign paperwork stating they will cover it 2 months ago.

Adam Alexander
Adam Alexander
answered on Sep 23, 2020

There may be language in the GAP contract allowing them to back out. Obviously you should get your money back for the contract. If it was part of your finance contract, you may want to request a new breakdown of costs because the Truth in Lending Act requires them to provide perfectly accurate... Read more »

1 Answer | Asked in Banking for Michigan on
Q: Received a check from this company is this legit

Need help because I received a check in the mail for a car wrapping project

Brent T. Geers
Brent T. Geers
answered on Aug 20, 2020

One way to avoid a financial scam is to ask yourself: are you expecting money? Before cashing the check, you should look at the company information listed on the check. First and foremost, is that information printed completely? Most legitimate companies print checks through their accounting... Read more »

1 Answer | Asked in Banking for Michigan on
Q: Banking help for person from United States that is stuck in Canada from pandemic shutdown.

There is a friend that is stuck in Canada still from the Clovid-19 lockdown. While in Canada the person had their bank account in the United states suspended due to , the bank says, fraudulent activity. The company this person works for can only deposit money earned to bank account. Meanwhile my... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jul 6, 2020

Banks have systems that "red flag" accounts when certain events happen, such as uncommon account usage or access from new locations. Banks will have procedures in place to identify the person and ensure that there is no identity theft. Depending on her bank, talking to someone that can... Read more »

1 Answer | Asked in Banking, Child Support, Estate Planning and Family Law for Michigan on
Q: I live in michigan and have family court questions that the courthouse couldn’t answer. Who can i call to get answers.

I need help figuring out the legal options i have. My situation is complicated so a phone call would be the easiest route to discuss in further detail. Please help.

Kenneth V Zichi
Kenneth V Zichi
answered on Jun 16, 2020

Courts are prohibited by law from providing legal advice. To do otherwise would make them biased by definition and unable to handle a case impartially.

You need to hire your own attorney especially if your situation is ‘complicated’. Your best option is to find a LOCAL lawyer as local...
Read more »

1 Answer | Asked in Banking, Civil Litigation, Contracts and Insurance Defense for Michigan on
Q: So my grandfather passed away then 4 weeks later my grandmother pass before my grandfathers insurance came in!

My grandmother may pass before the check is deposited into her account how can my mom or uncles save it before it goes back to insurance

Thomas. R. Morris
Thomas. R. Morris
answered on Apr 6, 2020

The question is not altogether clear to me, but it sounds like the insurance payment is property of your grandmother's estate, and that a probate case needs to be commenced in order to deal with the payment. An attorney with the whole picture will be able to guide you through the probate... Read more »

2 Answers | Asked in Banking, Collections and Social Security for Michigan on
Q: Is it legal for my savings acct. ( DIRECT DEP from soc sec) to be garnished by credit card company?? FACTS/background

Joint acct, social security check made out to me for the care of my husband. The only money that goes into this acct is his ss check.

The garnishment was against me not him.

4k was taken without my knowledge. I didn't receive garnishment writ as they stated. I was told I... Read more »

Adam Alexander
Adam Alexander
answered on Mar 9, 2020

If these are the only funds in this account, you should retain a lawyer to file an objection to garnishment. Exempt funds is just the kind of argument that a judge will listen to. However, if there are commingled funds, the analysis is more complex.

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2 Answers | Asked in Family Law, Banking and Probate for Michigan on
Q: I need to become my 14 yr old daughter’s conservator.

My daughter has an inheritance named to her from my Mother. It is coming from a Canadian bank in the amount of $5000 CA.

The bank won’t release the funds to my daughter until I gain conservatorship for her bank account. What forms do I need to fill out to do this in Wayne County?

Andrew M Steiger
Andrew M Steiger
answered on Feb 3, 2020

A court appointed conservatorship is a lot of effort for CAD$5,000. I would work with the bank to see if there is another option and point out that you are the child's parent. An easier option might be something like a UTMA.

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