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Texas Banking Questions & Answers
1 Answer | Asked in Banking and Consumer Law for Texas on
Q: Will taking me off as an auth user on cr-cards my husband opened without my knowledge remove them from my credit report?

I'm looking at divorcing my narcissistic husband. I need to know if his bad credit card habit is going to continue to drag down my credit rating and if I'm going to be stuck paying them. The cards were obtained without my knowledge, and he named me as an authorized user. Our finances are... View More

John Michael Frick
John Michael Frick
answered on Jun 1, 2023

There is a difference between having a joint credit card and being an authorized user on someone else's credit card.

With a joint credit card, two (or more) individuals agree with the company issuing the credit card to be jointly responsible for all charges made on the credit card....
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1 Answer | Asked in Consumer Law and Banking for Texas on
Q: What can I do about a bank not giving me access to my money for two weeks and causing me to possibly lose my job?

The bank cancelled my card following a transaction dispute but did not issue a virtual card that can be linked to cash app or Google pay so I can't still have access to my money. They issue a virtual card that only be used online which also is declined every time I try to make a purchase. I... View More

John Michael Frick
John Michael Frick
answered on May 11, 2023

Go to the bank and withdraw the funds on deposit.

Then go to a different bank and open a new account

1 Answer | Asked in Consumer Law, Contracts and Banking for Texas on
Q: auto dealer told me finance company required me to get service contract and gap insurance to get approved for loan.
John Michael Frick
John Michael Frick
answered on May 11, 2023

That sometimes happens, especially if you cant put a big enough down payment to cover the depreciation in value of the car over the term of the loan

2 Answers | Asked in Banking for Texas on
Q: Does a parent with a joint account with their child have legal rights over the teens finances?

The teen works a job and receives income, and the parent is threatening that it is not their money, but is the parents.

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

One parental right specifically stated in the Family Code is “the right to the services and earnings of the child.”

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1 Answer | Asked in Banking, Elder Law, Health Care Law and Estate Planning for Texas on
Q: My brother is in control of my trusts. Power of attorney over my bank account. How do I get rid of power of attorney?

He is angry at me and has denied me funds. Also has been able to get information from my health insurance company, Aetna. Found out his address is listed on my bank and insurance information to be sent to him.

John Michael Frick
John Michael Frick
answered on Apr 18, 2023

You have two issues.

First, you say your brother is in control of “your” trusts. I assume you do not mean that you are the settlor of certain trusts, but rather that you are the beneficiary of certain trusts and your brother is the trustee.

You can have your brother removed as...
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1 Answer | Asked in Banking, Civil Litigation, Identity Theft and Estate Planning for Texas on
Q: (Texas law)I am disabled physically and my sister had taken over my trust how could i file charges and get my trust back

Halen is the wills name my grandmother left me this. In the will that was probated in 72 it says my estate will be left to (myname) as i was the only child when she died. in the estate it includes around 45k acres of land 5-15 million dollars and in 89 my father was my estate guardian and got... View More

John Michael Frick
John Michael Frick
answered on Apr 8, 2023

The settlor of the trust (in this case, your grandmother) chose the trustee and any substitute trustees in the event her first choice (presumably your father) does or is removed for cause. From your question, it sounds like your sister was the first substitute trustee selected by your grandmother.... View More

1 Answer | Asked in Family Law, Banking, Insurance Bad Faith and Small Claims for Texas on
Q: What to do if ex won’t endorse a two person signature check for an insurance claim where they were the co-signer on car

Ex lives on the opposite side of the country and is spiteful and won’t endorse a claims check made out in both our names cause they were on the car title as well unbeknownst to me. The check was sent to me but in both names and car insurance won’t change it. It’s my vehicle that I made all... View More

John Michael Frick
John Michael Frick
answered on Apr 3, 2023

Most divorce decrees contain a provision requiring each of the divorcing spouses to execute necessary instruments to effect the property division contained in the divorce decree.

You may be able to secure an order from your divorce court compelling your ex to endorse the check.

2 Answers | Asked in Consumer Law, Banking and Gov & Administrative Law for Texas on
Q: What are the most effective options to build a strong legal case against: ADT/SunPro Solar and Good Leaf the lender?
John Michael Frick
John Michael Frick
answered on Mar 2, 2023

Since Texas is a one-party consent state, record every conversation you have with every representative of each party. Keep the entirety of each recording and turn all of the entire recordings over to your attorney.

Do not sign anything unless it has been reviewed and approved by your...
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1 Answer | Asked in Banking and Social Security for Texas on
Q: Can I get my social security money if I’m now 18, but the money isn’t in my name ?

I started receiving SSI survivor benefits last year when I was 17. So, every payment was put in my grandmother’s name and also given to her but she always let me spend it on what I needed so that’s not the problem. The problem is when I started receiving these benefits, I got a lump sum as well... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

You may be able to get your lump sum payment by contacting the Social Security Administration (SSA) and explaining the situation. It is possible that they can help you by transferring the money into an account in your name. However, the process may require some documentation to prove that you are... View More

1 Answer | Asked in Banking for Texas on
Q: can i get compensation from a company for them logging into my bank account with out my consent multiple times

ive ran the ip info and it was pin pointed to what company and location

John Michael Frick
John Michael Frick
answered on Feb 1, 2023

Yes. If you’ve accurately traced the IP to a particular company, you can sue them for whatever funds they have removed from your account without your consent.

2 Answers | Asked in Collections and Banking for Texas on
Q: A bank is holding my car title as collateral for a signature loan from 2015

I went to pay my auto loan off and get my title and they told me they won't give it to me because of a signature loan from 2015, it shows as a closed account on equifax and transunion

John Michael Frick
John Michael Frick
answered on Jan 24, 2023

You should probably bring proof that you fully paid off the signature loan to your bank. Credit bureau reports probably aren’t enough. You probably need to bring loan statements from the signature loan itself.

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1 Answer | Asked in Banking for Texas on
Q: How long do I have to cash a check?
John Michael Frick
John Michael Frick
answered on Dec 27, 2022

A bank is not required to honor a check dated more than 180 days before it is presented. A bank may honor the check anyway if it confirms funds are available.

There are some exceptions to this general rule. For example, checks from the US Treasury like tax refund checks are valid for one...
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1 Answer | Asked in Banking and Collections for Texas on
Q: For 3 months my ex paid my bills when i lost my job Dec. 2021. March 2022 we broke up and he reported fraud to his bank

I had good credit history up until this- bills paid, maybe once or twice late. He has ruined my credit and I need help knowing what i can do.

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 22, 2022

Your post is confusing. Your boyfriend at the time paid your bills for 3 months when you were unemployed. You broke up in March 2022. He reported *what* as fraud? What does this have to do with your credit rating? You didn't connect the dots or dots are missing.

1 Answer | Asked in Consumer Law and Banking for Texas on
Q: I am a truck driver and make fuel purchases thru a fuel card issued out ofOklahoma. This card provides me with

Discount fuel prices. I fund this card by a credit card. They charge me 4% when I add funds to this fuel card with my credit card. Is this legal to add this surcharge.

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

I would need to review your contract.

1 Answer | Asked in Consumer Law, Civil Litigation, Collections and Banking for Texas on
Q: Wells Fargo had a writ of garnishment/levy in my bank account and an "order of Nonsuit without Prejudice". What is next?

Wells Fargo had a default judgment against me from the 67th District court in Fort Worth, Texas in 2019 for the credit card debt that I defaulted. I did not know about default judgment until they had a writ of garnishment/levy from the court dated 11/07/2022 and put the garnished amount($7,572.18... View More

John Michael Frick
John Michael Frick
answered on Dec 14, 2022

Your bank likely needs the Order of Nonsuit to release the garnished funds back to you.

Your HELOC lender likely needs a Release of Judgment concerning the default judgment to proceed with your loan.

I suggest you take the Order of Nonsuit to your bank and tell them you want your...
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1 Answer | Asked in Banking, Consumer Law and Contracts for Texas on
Q: I have a consumer loan with the APR of 17.92% and 56 mth term. Amount financed $18304.54 payment $479.00 mth. Can they

Truth lending page says I will pay $9077 for this loan. They also charge $6.70 per day on top of this APR cost which was not disclosed. They are taking 3 times the disclosed interest. They have my car title yet won't work with me on any level. The deceptive practice of hiding the daily... View More

Jaime Victor Papa
Jaime Victor Papa
answered on Oct 24, 2022

I would have to read through the details, but there is more scrutiny on lenders that offer loans with interest rates above 10%. In situations like this, I look for areas where the lender failed to follow the law.

1 Answer | Asked in Criminal Law, Employment Law, Banking and Identity Theft for Texas on
Q: My roommate came home yesterday with cashiers check made out to him with his name misspelled the cashiers check was for

$34,000. The next morning he took it to his boss to get advise. His boss told him to just go home and then meet him at his house at 2pm and he (the boss) would take him to cash it. At some point the boss told my roommate that he would give him $1000. So he then comes home and tells me everything... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Sep 19, 2022

Roommate needs to find a new boss. Don't cash check or he will be in jail

1 Answer | Asked in Foreclosure, Banking and Appeals / Appellate Law for Texas on
Q: I was not aloud to state my case in a hearing last week what recourse options if any are available?

The hearing via Zoom had connection problems and was placed in waiting court claiming prior case running over time and would be called back in upon completion. After waiting 4 hours and several calls to check status and remain waiting 4 hours later I was informed the hearing was over they proceeded... View More

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

If this was a final hearing (trial), you have a limited time within which to file a properly drafted verified motion for new trial and to obtain a written ruling from the court on such motion. There are many technical aspects to such a motion, so you need a competent attorney experienced in... View More

1 Answer | Asked in Banking, Civil Litigation and Real Estate Law for Texas on
Q: I did not sign closing paperwork for a home loan but it is in my credit report.

The transaction was not pursued by the buyer or seller and cancelled. The mortgage loan is present on my credit report showing the balance as open. That can't be legal?

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 9, 2022

You need to do an official dispute about the mortgage loan being on your credit report. It is important that you check all three (3) credit reporting companies. The same thing may be on all 3. Each agency has a web-based dispute center on their websites. You should follow-up next week to see if it... View More

3 Answers | Asked in Employment Law, Criminal Law, Banking and White Collar Crime for Texas on
Q: Don’t work for a company and that “company” sends you funds (cash app) can you keep it?

I’m being threatened by a make believe company that they will report me for stealing company funds. I do not legally work for them and they sent me funds over cash app. Since it was sent from cash app is it legally mine? They wanted me to be a money mule for them and convert it to Bitcoin for... View More

Elaine Jarvis
Elaine Jarvis
answered on Jun 17, 2022

Absolutely do not give this company any of your personal information. They are trying to phish you or obtain your personal details. There is a way on the cash app., I believe, to return the money, decline to accept it or report it as fraudulent. I would explore those avenues. The cash is not... View More

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