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Ohio Banking Questions & Answers
1 Answer | Asked in Criminal Law and Banking for Ohio on
Q: I cashed a fake check I didn't know it looked like a payroll check and it was made out to my bf and I signed it took it

To my bank and they cashed it. I thought of it wasn't real or whatever they would know before they cashed it

Matthew Williams
Matthew Williams
answered on Jan 11, 2022

If you have been charged with a crime (which is unclear from your post) you should hire an attorney. If you are wondering if you could be charged with a crime, the answer is yes.

1 Answer | Asked in Contracts, Criminal Law, Banking and Business Formation for Ohio on
Q: My mom’s boyfriend has 50,000 from selling a house. He owes money and wants me to hold it for him.

He wants to transfer the money straight into my bank account. Is this money then legally mine? Is there any legal action he can take if I don’t give it back? He has no access to my bank other then him having it transferred

Joseph Jaap
Joseph Jaap
answered on Nov 18, 2021

If it is not a gift to you, then you are holding it in trust for him, and it would not be legally yours. But he would not have access to it, and if you refused to give it back, then he would have to sue you. If there is no signed agreement stating the terms by which you are holding the money for... View More

1 Answer | Asked in Criminal Law, Banking, Identity Theft and White Collar Crime for Ohio on
Q: Can i be convicted on charges if i never had a check cashed and they also don't have the check just a photocopy of it?

A friend of mine said he had done work for someone but didn't have an ID to cash a check they were paying him for the job so he had it put in my name. I went to cash this check and the bank acted a little fishy over this check and wanted me to stick around to ask the owner if it was legit. I... View More

Matthew Williams
Matthew Williams
answered on Nov 4, 2021

Yes you could be convicted. Your defense goes to your state of mind and not knowing the check was a forgery. That can be difficult to back up. The prosecutor will almost certainly be convinced you were in on it. You should get a lawyer.

1 Answer | Asked in Consumer Law, Criminal Law, Banking and Federal Crimes for Ohio on
Q: Am I in a legal obligation to give the money back

The other day I went and made a withdrawal from Checksmart and the woman who did my transaction gave me $675 and then gave me a receipt with my transaction my old amount my transaction amount and my new balance. After that she gave me the $675 in cash and when I got home she called me and told me... View More

Andrew Popp
Andrew Popp
answered on Aug 31, 2021

Yes, you have an obligation to return the money.

1 Answer | Asked in Banking for Ohio on
Q: PayPal is holding $2200.00 of my money. They have already held for180 days. are continuing to hold it. Can they do this
Andrew Popp
Andrew Popp
answered on Aug 31, 2021

It all depends on the details. You need to review your terms of service agreement and get an answer to "why." You will need to retain an attorney to evaluate the documents and circumstances in more detail to determine what rights you have, and how to get your money.

2 Answers | Asked in Consumer Law, Contracts, Products Liability and Banking for Ohio on
Q: Can a contract clause absolutely eliminate or waive a citizen's right to a trial by jury?

I have noticed this clause in many end user agreements such as computer and phone software, product and service warranty terms, various financial applications, etc. It is always one-sided (written by the provider) and directed at the buyer. Sometimes these terms include mandatory use of a (or... View More

Joseph Jaap
Joseph Jaap
answered on Aug 2, 2021

Right to a jury applies to criminal matters, not civil cases like business contracts. Rights to a jury in civil cases depend on state law, and can usually be waived as a matter of contract. That's why those waivers appear in so many business contracts.

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1 Answer | Asked in Banking and Juvenile Law for Ohio on
Q: My 12yrs daughter ran away from home in Ohio. She stole 120K dollars from my PayPal, she is in a different state.

My 12yrs daughter ran away from home in Ohio. She stole 120K dollars from my PayPal, she is in a different state. We have no idea where she is. If she comes back, which charges can I push against her? And how long is the statute of limitation before we can no longer push charges?

Joseph Jaap
Joseph Jaap
answered on Jun 16, 2021

12 years old? You need to be talking to the police. If she is found, they will investigate what happened to the money. The prosecutor would determine charges - but as a juvenile.

1 Answer | Asked in Banking, Probate, Business Law and Estate Planning for Ohio on
Q: Mark&Mary were together for years had a child. Marks parents pass small business down to them in marys name cuz he owes

Taxes. He counties to run company. They have a business bank account that he was on originally she was added to later. Bank says they are both equals on that account. Does he have rights to that money after she passes and business becomes shut down.

Andrew Popp
Andrew Popp
answered on Jun 15, 2021

Additional facts are needed to answer this question. Much depends on how the bank account was set up. Who is the actual owner, who are the authorized users? Are there survivorship rights (if applicable), what do the company documents say? (articles of incorporation or Operating Agreement for a... View More

2 Answers | Asked in Estate Planning, Banking and Probate for Ohio on
Q: my mother passed away with no will or anything. I am her only child, she did not remarry.

She passed away suddenly and I have the paperwork printed out, but need to know the easiest route to close her bank account, and switch the title to her truck into my name.

Beverly A Stull
Beverly A Stull
answered on Mar 3, 2021

I am sorry for your loss. If your mother's name was the only one on the bank account and the truck, you will need to open a probate estate. There are 3 different sizes of estates, based on the value of the probate assets. You should check the website of the probate court of the county where... View More

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2 Answers | Asked in Banking and Estate Planning for Ohio on
Q: My mother and I had Joint bank accounts. And in the will it states for her estate to be devided 50/50

My sister was named executor over the will. I was wondering if the joint bank accounts my mother and I had Together would have to go through the probate or would be considered part of the will.

My mother always helped her sister out with finances and my sister is trying to take out that... View More

C. Lawrence Huddleston III
C. Lawrence Huddleston III
answered on Sep 28, 2020

If the account was "Joint with Rights of Survivorship" as most "joint" accounts are, the account goes directly to you. It does not go through probate and therefore is not controlled by the Will. All you need to do is take an original death certificate and a photo ID to a bank... View More

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1 Answer | Asked in Banking, Probate and Estate Planning for Ohio on
Q: Is you have a shared bank account with your wife can you leave the money in it to your kids in your will?

Your husband dies and in his will he left all the money in your shared savings account to his kids from a previous marriage. The savings account has all the money you need to live off of. Can the kids legally take all that money from you even tho that’s your money you have been saving? There is... View More

Paul Kellogg
Paul Kellogg
answered on Jun 25, 2020

It is very settled law in Ohio that joint bank account passes to the surviving joint owner in the event of the death of the other co-owner. The account does not pass through probate and is not controlled by the terms of the will.

1 Answer | Asked in Banking for Ohio on
Q: If someone makes a large purchase of over 10k and the irs starts investigations but cannot find anything, what happens?

They cant find ANY details on where the cash came from. The person in question denys to answer ANY questions.

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jun 25, 2020

The IRS can issue an IRS Summons to any banking institution involved in the transaction (the bank that received the funds, for example), requesting copies of bank statements, wire transfers sent or received, ACH transactions, etc., and trace where the money came from. Unless it was a cash purchase... View More

2 Answers | Asked in Banking, Civil Litigation, Consumer Law and Contracts for Ohio on
Q: how do i get my name off a joint loan with ex husband

my name is on a joint loan with ex husband. how do i get my name off. he's ruining my credit by not paying. divorce decree stated he is solely responsible for repayment.

Joseph Jaap
Joseph Jaap
answered on Apr 29, 2020

You can talk to the lender, but lender likely will not agree to take you off. So the loan would have to be refinanced. If ex won't refinance or pay, then file with the court to have ex held in contempt. Talk to your divorce attorney, or use the Find a Lawyer tab to retain a local divorce... View More

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2 Answers | Asked in Banking and Civil Rights for Ohio on
Q: I feel as though my bank is discriminating against me, what are my options available?

I opened an account with a bank, and hardly used it for almost a year. During that time period, the amount of funds never went past $500, or negative. My intent was to switch banks once I felt more comfortable with the establishment. Well, my first major transaction was flagged, and without... View More

Matthew Williams
Matthew Williams
answered on Apr 13, 2020

I think your bank suspects you fraud. It’s not discrimination. What you’ve done is highly suspicious. It may be legitimate but they are going to investigate.

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1 Answer | Asked in Banking for Ohio on
Q: I had two checking accounts one was closed by my bank cuz I failed to pay the balance off so they took money out

I had two checking accounts one was closed by my bank cuz I failed to pay the balance off so they took money out of my current account at the bank to pay can they do that

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 11, 2020

Yes. Banks are allowed to recover any money they lost from any source available. The solution is to spread your money around and not keep all of it in one basket.

2 Answers | Asked in Banking, Estate Planning and Probate for Ohio on
Q: Grandma passed away jan 2018 wit money n a bank account can i file probate for it if there is nobody contesting it
Michael K. Ruberg
Michael K. Ruberg
answered on Nov 5, 2019

There are several questions that need to be asked.

How much money is in that account?

Did she have any other property?

Did your grandma have a will?

If not her inheritance would be governed by the Ohio laws of intestate succession.

So the next question would...
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1 Answer | Asked in Banking for Ohio on
Q: I have a question, I had 8,865.24 put into my account by a company and spent some of it, I need help on this.

I signed a contract and the guy called me after I signed the contract about paying him back, I need help with this. Thank you.

Matthew Williams
Matthew Williams
answered on Nov 1, 2019

We need a lot more detail to assist you. What was the payment for? What work have you done? Supplies purchased? Etc.

1 Answer | Asked in Banking, Business Formation and Business Law for Ohio on
Q: I help with an online business that isnt an actual established business, kind of like selling stuff on facebook.

over the past month I helped with collecting the payments and sending them to the vendor for the items. The vendor never shipped any items, she made fake tracking numbers, and etc. People are saying they are going to report me because I took their payment but I have proof from my bank account that... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 5, 2019

Since you saw the need to double down and admit to being involved in further cybercrimes I saw the need to repeat my advice posted in answer to your earlier question.

Based on your own description of the "online business" that you say you "help run" it will be hard for...
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2 Answers | Asked in Banking, Business Formation and Business Law for Ohio on
Q: I help run an online business, and I need advice

over the past month I helped with collecting the payments and sending them to the vendor for the items. The vendor never shipped any items, she made fake tracking numbers, and etc. People are saying they are going to report me because I took their payment but I have proof from my bank account that... View More

Matthew Williams
Matthew Williams
answered on Aug 4, 2019

You should hire an attorney to go through the transactions, the customer complaints, and the rest of your business to help you prepare to defend allegations that you are part of the scam.

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2 Answers | Asked in Banking and Bankruptcy for Ohio on
Q: Bank took $100 out of my account after I filed Chapter 7.

My wife and I entered Chapter 7 bankruptcy just 5 days ago. 3 days ago my bank removed #100 from my checking account, and when I contacted them, they verified it was them and they took it for "processing" the bankruptcy notice. This account has been positive and current for 15 years, with... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 5, 2019

The bank did not "levy" your account. The bank imposed a service charge that they (presumably) informed all their customers would happen if the customer caused the bank significant work processing the notice of bankruptcy papers they received. (BTW: Your bankruptcy lawyer should have... View More

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