Get free answers to your Banking legal questions from lawyers in your area.
for over a year fidelity has been holding my mothers money, she had a stroke named me as power of attorney snd they refuse it and now she has no access to her money and is sick and cannot pay her bills or get her medications etc because. they blocked her account she has been there for 40 Years and... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 27, 2024
What is the reason they do not wish to honor the power of attorney? Was it drafted by an attorney on the New York Short Form? If it is a valid POA, they can be compelled to honor it. Otherwise, you would need to apply for guardianship of your mother.
So this is a follow up to the last question that I asked. I'm still a bit confused It seems that while title 26 is not positive law, the actual Internal Revenue Act of 1986 is....at least from what I am understanding. My previous question helped to determine that our current taxing provisions... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 25, 2024
You’re on the right track with your understanding of Title 26 and the Internal Revenue Act of 1986. Title 26 of the United States Code is indeed the codification of the Internal Revenue Code (IRC). The IRC itself is considered positive law, meaning it has been enacted into statute by Congress and... View More
My friend was wondering if the Internal Revenue code is positive law. He said that because it is covered under title 26 of the USC it is Prima Facie interpretations of the law and are therefore invalid. He also says that because Congress unconstitutionally gave power to the Secretary of Treasury to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 24, 2024
Yes, the Internal Revenue Code (IRC) is considered positive law. Title 26 of the United States Code was enacted by Congress in 1986 and serves as the official compilation of federal tax statutes. When a title is enacted as positive law, it means the text itself has been passed by Congress as law,... View More
Bank threatened to return my legal account Funds to Country of origin to repeat release process. BANK OPS DIRECTOR coming to NYC to meet me. Need Lawyer at this meeting! Manhattan location.
answered on Oct 16, 2024
Who transferred to who? From which source? Where are the funds now? What amount? Jack
I am the newly elected Secretary-Treasurer of a nonprofit organization. Our board passed a resolution authorizing me to have signing authority on our account with Bank of America. When I went into BoA with a copy of the resolution, the banker informed me I needed to be added as an authorized user... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 2, 2024
It sounds like the bank is providing accurate information. Many banks require an existing authorized user to make changes to account signers, even if you have a board resolution.
To move forward, gather all relevant documents, including the board resolution, bylaws, and meeting minutes that... View More
answered on Oct 2, 2024
This is not my area of practice, but you await a response for a month. I recommend that you speak with professionals who work in the financial planning/advising/investment field. I believe there are licenses associated with securities, and there are various certifications out there held by... View More
One of my friends wanted to know if 12 USC 411 makes it the government's responsibility to pay back debts and loans given the wording "The said notes shall be obligations of the United States". They believe that because of this if they take out a loan they have no obligation to pay... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 20, 2024
Your friend is misunderstanding the purpose of 12 USC 411. The phrase "The said notes shall be obligations of the United States" refers to the currency itself, meaning that Federal Reserve notes are backed by the U.S. government. This ensures that the currency is legal tender for debts... View More
All I can find is a proposed bill that will require individuals to be licensed but that has not passed.
answered on Aug 8, 2024
I've never heard of a license required for this. If attempted, it might be held to be unconstitutional.
Jack
During the epidemic, because I didn't pay the monthly car loan bill, then the bank forcibly towed my car away and sold it to other countries without any consent. After that, I repeatedly asked the bank to return the total amount of the car loan paid before the epidemic to more than 7,000 USD.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2024
In this situation, you may have grounds to take legal action against the bank, but it depends on several factors and the specific laws and regulations in your jurisdiction. Here are a few points to consider:
1. Notice and communication: The bank should have provided you with proper notice... View More
What legal action can I take?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024
If Stripe has held your funds for 90 days and you believe this is unjustified, it's understandable that you would be concerned and consider taking action. Yes, your lawyer can send them a legal complaint regardless of the agreement's terms if they believe there are grounds for dispute.... View More
My last payment on the credit card was 4/2020. I never made another payment because they closed my account. They recently updated it to a charge off on my credit report around 09/2023. Since this is a business credit card, how can I dispute it to be removed from my personal credit report for good?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2024
First, check whether the business credit card was indeed under a personal guarantee. If it was, the delinquency could rightfully appear on your personal credit report. However, if the card was strictly under the business's name without any personal guarantee, you might have grounds to dispute... View More
Hi, I deposited a $13k annuity check into my individual brokerage account with ETrade, but the day it cleared my account was restricted pending ID verify. Phone camera was broken wouldn't take quality pics, so I knowingly altered and submitted a copy of an expired ID that was saved to my pc.... View More
answered on Feb 29, 2024
Your issue may require a review of the terms and conditions that you agreed to when opening the account.
However, I would also recommend that you conduct a name search of the New York State Comptroller's Office of Unclaimed Funds. https://www.osc.ny.gov/unclaimed-funds. New York... View More
The business loan is not perfected against my home and does not reference my property directly.
answered on Jan 14, 2024
Yes, it's possible. It's in the discretion of the lender.
Jack
They said no. They want $250 a month. I'm on social security. I can't pay. What do I fo
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 6, 2024
In your situation, it's important to communicate your financial limitations clearly to the credit union. Explain that you are on Social Security and cannot afford the $250 monthly payment. It's helpful to provide a detailed account of your income and expenses to show why the payment is... View More
My bank is declining to do this. I see there is language in the statute that requires language in the modifications section of the POA that expressly provides this permission for already-existing accounts. However, I am opening a brand new account, and I interpret the language in the statute to... View More
answered on Jan 3, 2024
Very often banks refuse to comply with legal documents that they should honor. A POA is just one of them. Wrongfully, they will insist on a certified copy of a court order, submitted by an attorney.
Jack
I got a lawyer and paid off the full amount. I also took my son off the account. I still wish to do business with that bank because I have multiple building and business in that bank. How would this affect my business and my bank relationship. What are my next steps and what will happen?
answered on Dec 2, 2023
I'm not understanding what amount had to be paid off and why. If everything is now straightened out, what would be the issue of continuing with the bank?
Jack
The person is married and has children, lives in New York..
My wife’s mother passed away. We are not sure if her bank account had a beneficiary or did she have a will.
Her mother is legal married..
would happen to her bank account now that she is deceased?
What... View More
answered on Nov 15, 2023
Depending on the size of the account the wife needs to file an administration proceeding of some type.
He has accused her of fraud, removing her from her bank accounts, attacked her mother's current broker with a false report. She can no longer pay her Bills. Also, he is working with my mother's sister, lying to her about things my mother never said, and using my grandma, who my sister has... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 4, 2023
Your mother should consider retaining an attorney experienced in elder law and financial exploitation cases immediately. This situation may involve complex issues like undue influence and financial abuse. An attorney can help navigate the allegations, work to protect her interests, and potentially... View More
In May 2022, I invested $8M in a U.S. Treasury note, due in April 2024. I instructed my ETRADE manager to liquidate $5.6M for property buying. Unexpectedly, ETRADE initiated a $5.6M margin loan, leaving part of my investment intact. I discovered this during a routine review, not through direct... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 4, 2023
In situations like this, you may have grounds to file a complaint for brokerage misconduct if E*TRADE acted contrary to your instructions and without your consent. It's essential to review the client-broker agreement and any written communication to determine if E*TRADE deviated from the... View More
In NYC, my Bank Acct Seized, No prior notice, seems I am exempt due to the CPRL and being a hardship case. Due to as listed in the CPRL's that 90% of all my , or any profits, are personal, and were in that acct. to do what i have been, put-there from personal money to Pay-Bills yet NO profit... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 4, 2023
If you've already filed an Order to Show Cause (OTSC) and believe that CPLR 1012 applies to your situation, you can request permission from the court to amend the OTSC to include this additional statute. This request should be made as soon as possible and explain why CPLR 1012 is relevant to... 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.
