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Oregon Banking Questions & Answers
1 Answer | Asked in Consumer Law, Bankruptcy, Banking and Collections for Oregon on
Q: If my money is stuck in a merchant gift card, can I charge back on my credit card to get my original funds back?

I pre-ordered products from a merchant and place the charges on my credit card. The timeframe was taking too long so instead of receiving any product, the merchant cashed me out at a higher price then I originally paid, but paid me with his store gift card. The merchant has since been shut down by... Read more »

Timothy Denison
Timothy Denison
answered on Dec 14, 2022

You can try, yes.

1 Answer | Asked in Consumer Law and Banking for Oregon on
Q: Any regulations for a bank such as Chase to require both signatures if a check is made out to John Doe and Jane Doe?

Check was deposited to individuals account not a joint account and it was to be divided equally.

Gregory L Abbott
Gregory L Abbott
answered on Aug 24, 2022

They should require two signatures IF the check was made payable to one person and a second one. If it was just payable to the two names without the "and" included, then either could cash it with just their signature. Instead of "and", an "or" is legally implied.

1 Answer | Asked in Consumer Law, Small Claims and Banking for Oregon on
Q: If you wire transfer money to someone and then realize it was fraud, how can you file a complaint to the court

if you don't know their physical address?

Gregory L Abbott
Gregory L Abbott
answered on Jun 29, 2022

You can file a complaint with your local police, with Oregon's Attorney General Consumer Fraud Division (can file online), and with the FBI who has a task force specifically aimed at this sort of fraud. All that said, the odds are extremely remote that any of them will actually do anything... Read more »

1 Answer | Asked in Banking for Oregon on
Q: I am being sued by Bank Of America over a an account from 2004 because of law that was signed by President Trump ?

I was notified by ??? to contact lawyer office as they were intending to sue me to see if arrangements could b agreed on

I did, spoke with a mediator he offered to drop the fees (7500+) n return to original balance ($2614) if I paid $100 yesterday n contract for balance at $150 a month. I... Read more »

TeAnna Rice
TeAnna Rice
answered on Oct 13, 2021

I would reach out to an attorney on your behalf to determine whether this is a scam, as it sounds like such.

1 Answer | Asked in Consumer Law, Banking and Landlord - Tenant for Oregon on
Q: I deposited a check into my account that was not honored by my landlord’s bank. That was in May. When do I get my money?

Clackamas Housing Authority is my landlord. Check was for relocation which has already been completed at my expense.

Gregory L Abbott
Gregory L Abbott
answered on Aug 11, 2021

Not clear why your landlord was paying you relocation money in May if you are still there, nor the reason the check bounced - one would presume that it was not for insufficient funds if the landlord was the Clackamas Housing Authority. It sounds as if the Housing Authority, for whatever reason,... Read more »

1 Answer | Asked in Banking and Collections for Oregon on
Q: Can a collection agency collect a medical debt from 2006 in oregon?

Oregon? My Bank account was completely drained.

Gregory L Abbott
Gregory L Abbott
answered on Mar 26, 2021

The question is not when the debt dates from but rather when they obtained a court Judgment against you for that debt. Judgments in Oregon are good for 10 years and may be renewed once for another 10 years from the renewal date. IF there is still a valid Judgment in Oregon, then the creditor is... Read more »

1 Answer | Asked in Bankruptcy, Banking, Business Formation and Business Law for Oregon on
Q: If a business corporation is sued in one state and loses the case, can they attach all bank accounts,personal and bus.

Most companies have a couple different licenses under the same business(dba/LLC). If there are bank accounts in other states owned by the corporate officers and also in the same name of the business being sued can the out of state account be attached also.

Now the business in the other... Read more »

Timothy Denison
Timothy Denison
answered on Feb 15, 2021

Yes. Once a judgment is granted against a corporation, it may be enforce against the corporation snd assets located anywhere within the United States.

1 Answer | Asked in Banking and Probate for Oregon on
Q: Filed Small Estate Affidavit. Need bank account open but don't have letters of Testamentary (of course). Know of a bank?

Banks are asking for Letters of Testamentary, and I tell them that the estate filed Small Estate Affidavit, so no letters of Testamentary, and I provide them a certified copy of the Affidavit, but they won't help. Are there any banks that will open an account with the Small Estate? I need to... Read more »

Theressa Hollis
Theressa Hollis
answered on Jan 27, 2021

I'm sorry for your loss. Trouble with banks and small estates is a common challenge, unfortunately. I recommend trying a Credit Union in Oregon to set up the estate account. Since every state has a different small estate procedure it's unlikely that you will convince a bank in Fargo to... Read more »

1 Answer | Asked in Banking, Civil Rights, White Collar Crime and Wrongful Death for Oregon on
Q: When is abandonment legal?
Tim Akpinar
Tim Akpinar
answered on Dec 12, 2020

An Oregon attorney could answer best, but your question remains open for two weeks. But as a general note, "abandonment" is a broad term and needs more context. Abandonment can arise in a number of scenarios, whether in shameful settings, as in children, spouses, or pets, or in more... Read more »

1 Answer | Asked in Banking, Business Formation, Business Law and Civil Litigation for Oregon on
Q: I had a business associate who was going to be a partner rip me off for a lot of money and inventory. We started

I had a business associate who was going to be a partner rip me off for a lot of money and inventory. We started a new joint bank account together at banner bank. What I did not know was he was friends with the assistant manager of the bank. So the next day she cancelled our joint banking account... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jul 8, 2020

If you opened a personal joint bank account, it is usually opened "A or B",not "A and B", which makes a huge difference. If the account was opened as "A or B" or "A,B", the meaning is the same. The Terms and Conditions agreement you would have been given by... Read more »

3 Answers | Asked in Estate Planning and Banking for Oregon on
Q: I live in Oregon. My husband died in August 2019 and has recieved a check. How do I cash it?

He had no estate and I am his only survivor and beneficiary.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Apr 26, 2020

Please repost your question with the amount of the check. It makes a difference.

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2 Answers | Asked in Bankruptcy, Banking and Business Law for Oregon on
Q: small business, been forced to close, got a business line of credit, with personal guarantee to help, what if fails

If the business ends up failing and I have to file Bankruptcy will this new line of credit be able to be included in BK?

Timothy Denison
Timothy Denison
answered on Apr 22, 2020

Yes.

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1 Answer | Asked in Banking for Oregon on
Q: Can a bank make you the responsible for a bad certified Bank check

It was deposited in ATM funds posted in account but not available 2 or 3 days later the funds were released they were withdrawn and used for the purpose they were intended for. not for personal use the funds were not used for personnel bills ect

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 9, 2019

If you--or someone else--deposited a bad check into your account--whether or not you knew it was bad-- and you--or someone else--withdrew the money the bank has every right to do whatever it takes to recover the amount lost from you. They will also report this incident to the federal and/or state... Read more »

1 Answer | Asked in Banking and Divorce for Oregon on
Q: My wife and I are getting divorced in Oregon. After separating and separate bank accounts, can my wife take my money?

We got the separate accounts and I earned the money from my job after we separated. Is she entitled to the money I earned after we separated? We're still currently married but living in different homes.

Joanne Reisman
Joanne Reisman
answered on Aug 26, 2019

Under Oregon Law a court can consider all property held by either or both spouses at the time the court is asked to adjudicate the divorce. Unless you had a judgment of legal separation previously rendered by a court, your voluntary separation does not divide your property such that the court... Read more »

1 Answer | Asked in Banking and Consumer Law for Oregon on
Q: I was asked to help a widow if I could help her receive her late husbands funds which are in a bank account in the UK.

In return if I helped her she would pay me 20% of her late husbands funds which is over 2.6 million £ or over $3 million usd. She had her attorney contact me and explained the situation and sent me legal documents and bank statement. Well 3 years later and over $13,000 usd which I've paid in... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 7, 2019

I hope your bank is able to assist you here. As a general matter, exercise caution with offers from parties you do not know who speak of sums of several million dollars, and that involve princes, heiresses, or other exotic beneficiaries. They often involve inquiries about your sensitive banking... Read more »

2 Answers | Asked in Banking and Business Law for Oregon on
Q: Can I legally use a personal type (non-business) bank account to pay my business bills and make deposits into?

Is there any legal requirements that would prohibit me from using a simple checking account (non business type) for my family farm? I would not use this account for any personal debt or check writing. Simply to track incoming money and pay farm bills.

Daniel DiCicco
PREMIUM
Daniel DiCicco
answered on Apr 3, 2019

There is no legal requirement per se. Do you have a legal business entity like an LLC? If you do have an LLC then and you have concerns that perhaps one day you could be involved in a law suit, then I would want to keep my personal and business funds separate.

However, if you're just...
Read more »

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1 Answer | Asked in Banking and Landlord - Tenant for Oregon on
Q: I turned in my rent check on october 1st. It has not been cashed yet. Landlord says its banks fault. What should I do?

My landlord says she has the receipt proving my check was accepted by the bank. How long can it take for the bank to resolve this problem? What if weeks/months go by and the check never is cashed? If I write the bank another check are they responsible for the stop payment fee?

Gregory L Abbott
Gregory L Abbott
answered on Nov 13, 2018

Talk to your bank and find out what the problem is and where your check currently is. That knowledge will in turn allow you to fix the problem and go forward.

3 Answers | Asked in Banking and Probate for Oregon on
Q: I filed a small estate affidavit. 4 yrs later I receive an escrow refund check from WF in my deceased husbands name.

Can i cash or deposit check. I still have Mortgage with WF, my husband's name is still the only one on mortgage but I am paying the mortgage WF refuses to change name on mortgage.

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 8, 2018

If you had a joint bank account with your husband the bank MAY allow you to deposit it, but otherwise you need to 'reopen' that probate and add the check into it. PLEASE seek local legal help however, as the process could be something rather simple depending on local practice and... Read more »

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1 Answer | Asked in Banking and Bankruptcy for Oregon on
Q: My wife just received a writ of garnishment for her bank accounts. Should we avoid using those accounts till bankruptcy?

We cannot afford bankruptcy at the moment. Would just like to know if we should avoid depositing money into those accounts until we can file?

Cristina M. Lipan
Cristina M. Lipan
answered on Dec 6, 2017

A marshal is able to reach any asset (i.e., bank account) that has your wife's name on it (even if it's a joint account).

Information provided for informational purposes only and should not be taken as legal advice.

1 Answer | Asked in Banking, Civil Litigation, Consumer Law and Personal Injury for Oregon on
Q: I had a levy placed on my account by the California Franchise Tax Board on Black Friday because of mistaken identity.

On black Friday the 25th of November 2016 I was informed by my Bank JP Morgan Chase that my account had a levy placed on it by the California Franchise Tax Board. The total amount in my account was placed on hold and still is. In addition to that hold amount, I was charged a $75 legal fee by my... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Nov 29, 2016

First you need to get the paperwork they sent chase. They can't just show up with a levy. Second you need to find out who this board is. I'd also worry the whole thing is a scam, so follow up with JP morgan at a number you get on your statement not on some email.

You want to...
Read more »

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