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3 Answers | Asked in Banking, Business Formation, Business Law and Gov & Administrative Law for Texas on
Q: How do I deposit a refund check from insurance company for a LTD that has been dissolved.

I had a LTD business that is now dissolved. Since its dissolution I received a refund from an insurance company for overpayment of services. I have tried everything to deposit this check. The insurance company will not reissue it and I cannot sign it over to a third party. I am wondering if I can... View More

John Michael Frick
John Michael Frick
answered on Jul 18, 2024

Endorse the check on behalf of the company over to yourself as an individual and deposit it in your individual account.

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1 Answer | Asked in Real Estate Law, Banking and Business Law for Massachusetts on
Q: What are the problems with a house sold in Massachusetts that has not been recorded with registry of deeds?

My family is selling a house owned by 6 siblings. They sold it (or are trying to) to a man who wrote them 6 separate personal checks. They all signed some kind of paperwork (unclear what), but left with no paperwork of their own to prove they sold the house. The checks were for approx 80k each, 10k... View More

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

You may have an optimistic view of how quickly state government employees work. It is perfectly possible that the buyer, or escrow agent from the title company, promptly tendered the deed with the necessary recording fee and it hasn't been processed yet.

But it is unwise that the...
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1 Answer | Asked in Banking and Collections for Texas on
Q: If your vehicle was repoed do they have the right to seize your bank account? I live in Garrison Texas I have an account

An account at cadence Bank in Garrison Texas they have froze my bank account because of this repoed car is that legal

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

Generally speaking, a lender on a vehicle loan cannot freeze funds on deposit at a different bank or financial institution without filing a lawsuit and obtaining a pre-suit writ of garnishment.

Banks and financial institutions often ask their own customers to agree that, if the customer...
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1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Banking for Texas on
Q: I am one day away from closing on a home, but underwriter denied the loan .how can i get my earnest money deposit back ?
John Michael Frick
John Michael Frick
answered on Jul 2, 2024

If your earnest money contract included the standard Third Party Financing Addendum and the box at the top of section 2 A is checked, obtaining Buyer Approval by the financing entity was a condition precedent and you are entitled to give notice within the days specified in that section terminating... View More

1 Answer | Asked in Banking and Civil Litigation for California on
Q: I was in the process of selling my boat. I found a buyer, but the buyer wanted to pay with a check. I told the buyer

That was ok, but he woukd have to wait for his check to clear with my bank before he could take possession of the boat. We both agreed. I took the check into my bank branch and deposited the check into my checking acct. After 5 days the check cleared and was posted to my account. That same... View More

James L. Arrasmith
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answered on Jun 30, 2024

This is an unfortunate situation, and I'm sorry to hear you've experienced this fraud. To answer your question: Yes, banks can generally freeze accounts when fraud is suspected or detected. However, there are some important points to consider:

1. Check clearing process: While a...
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1 Answer | Asked in Consumer Law, Personal Injury, Banking, Internet Law and Criminal Law for Pennsylvania on
Q: I am being stalked. I have some printed evidence but my phone is corrupted. Can Apple be held responsible/failed sec?

I have some valuable information but most of it is online and that is badly corrupted. Anything I want to show you on my phone would have to be in person and likely wouldn't be available. Still I have managed to print some evidence to at least prove a problem.

Apple has mostly... View More

James L. Arrasmith
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answered on Jun 29, 2024

I understand you're in a difficult and distressing situation involving stalking and potential security issues with your devices and accounts. I'll try to provide some general guidance, but please note that this is a complex legal matter that may require consultation with a local attorney... View More

1 Answer | Asked in Consumer Law and Banking for California on
Q: Chase bank needs to verify my tax refund check and are holding my funds in suspense till they're able to verify it.

I deposited my tax refund check to my account at chase bank on April 3 2024. After the check got cashed on April 15 2024 they closed my account and have my funds in suspense. Till this day I have not received anything from my refund check. I've gone multiple times in person and called customer... View More

James L. Arrasmith
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answered on Jun 29, 2024

This situation sounds frustrating, and it's concerning that Chase Bank is holding your tax refund funds for such an extended period without clear communication. Here are some steps you might consider taking:

1. Document everything: Keep a detailed record of all your interactions with...
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1 Answer | Asked in Banking for California on
Q: Would I have a case against a bank, if they had removed money from my savings account without my permission?

I do not have a loan, collection's, an account with the named company in the transaction or its known affiliates. It was my and my disabled fathers rent money and now I'll have to get a loan to cover.

James L. Arrasmith
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answered on Jun 24, 2024

Based on the information provided, you might potentially have a case against the bank. Here's a brief analysis of the situation:

1. Unauthorized withdrawal: Banks are generally not allowed to remove money from your account without your permission, unless there are specific legal or...
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1 Answer | Asked in Banking, Federal Crimes, Identity Theft and Public Benefits for Georgia on
Q: This is about a ' Identity Theft ' case.. Ahem.. during the Pandemic, a person's identity was falsely used to acquire ..

Banking institution cards ( credit , debit ) and committed felony theft by way of using stolen identity to steal pandemic unemployment benefits. Suspect arrested , bonded out, yet still haven't had a court date. Has been about 2- 3 years .. is there a time frame for getting this to court?

James L. Arrasmith
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answered on Jun 22, 2024

Given the nature of this question, I'll provide some general information about the legal process for identity theft cases in Georgia, while noting that specific timelines can vary:

1. Statute of limitations: In Georgia, the statute of limitations for most felonies, including identity...
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1 Answer | Asked in Civil Rights, Banking and Real Estate Law on
Q: can a subdivision hold your personal ID's if you have an unpaid balance?

My family used to own a house but because they can no longer pay for it, it was taken by the bank. Due to this, we had to move to a new house. However, my family Left an unpaid balance to the HOA of the subdivision. Years later, I took a personal ID of mine and it was addressed to that subdivision.... View More

James L. Arrasmith
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answered on Jun 21, 2024

It's understandable that you're concerned about your personal ID, but here's what you need to know:

1. Legal rights: Generally, a Homeowners Association (HOA) or any private entity cannot legally withhold your personal identification documents, regardless of any unpaid...
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1 Answer | Asked in Banking, Civil Litigation, Criminal Law and Civil Rights for Mississippi on
Q: If I lived with a man for 11.5 years and we opened a joint checking account and a money market account then we split up

Can I legally withdraw money from either account without being sued or arrested for theft? What can or can I not do with this money???

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, here's a general overview of the situation, but please note that this is not legal advice and you should consult with a local attorney for specific guidance:

1. Joint accounts: Generally, when two people open a joint account, both parties have equal...
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1 Answer | Asked in Estate Planning, Banking, International Law and Probate for New Jersey on
Q: How do you get money from an account that was left to a deceased spouse in Puerto Rico?

My husband's grandmother passed away 10 years ago in Puerto Rico. She left him money that his Aunts knew about and never told us. My husband passed away 7 years ago and they're just telling me now about this. How do I claim this money?

James L. Arrasmith
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answered on Jun 19, 2024

To claim the money left by your husband's grandmother to your deceased husband, you will need to go through the legal process in Puerto Rico. Here are the general steps you should follow:

1. Obtain a copy of your husband's death certificate and his grandmother's will or...
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1 Answer | Asked in Civil Litigation and Banking for Tennessee on
Q: I recently applied for a Heloc loan and when the title search was done it had 2 judgements on it.

they were for my ex wife not paying her credit cards. 1 was 10 years ago the other 6,,,,,..divorced 6 years ago and we kept all separate accounts. How can i get these off my title?

Anthony M. Avery
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answered on Jun 18, 2024

Judgment Lien is effective for ten years from date of Judgment, unless extended for another ten years. On the older one, you might demand creditor remove the lien. But the six year old lien is probably still valid. You may be able to get creditor to compromise and release lien for cash.... View More

1 Answer | Asked in Banking, Business Formation and Business Law on
Q: What business license is required to operate an escrow service for consumers? Home renters are my customers.

My startup allows home renters to put their security deposit in my platform when they rent homes. I return the money back after their lease ends minus the fees for the service. What type of license is needed to run this? Its like a consumer escrow i think

Jennifer Newton
Jennifer Newton
answered on Jun 17, 2024

Your startup idea is indeed similar to a consumer escrow service, which typically involves handling financial transactions and holding funds on behalf of your customers. Operating an escrow service generally requires specific licensing and regulatory compliance, which can vary by state.

1 Answer | Asked in Banking for Indiana on
Q: Can a bank that has a lien on my car file charges against me if I refuse to give them an address to repo the car?
James L. Arrasmith
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answered on Jun 15, 2024

If a bank holds a lien on your car and you refuse to provide them with an address to repossess the vehicle, they cannot typically file criminal charges against you for this refusal alone. However, they do have other legal options to pursue the repossession.

The bank can hire a repossession...
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1 Answer | Asked in Consumer Law, Banking, Business Law and Small Claims for Illinois on
Q: I disputed a transaction involving 2 charges with my credit card co. A credit was given for 1 charge but not the other.

This dispute involved the same set of facts and documents. Since it involved 2 charges, 2 separate reviewers were assigned to my dispute. One reviewer granted a permanent credit for 1 charge. The other reviewer closed the dispute for the 2nd charge without a credit and said I was responsible for... View More

Matthew McKenna
Matthew McKenna
answered on Jun 13, 2024

I would contact a consumer protection attorney that is familiar with the Truth in Lending Act. Depending on the circumstances, you may have a case and a consumer protection attorney will likely offer you a free consultation and may not charge you anything up front if there is a case to bring.

1 Answer | Asked in Banking for California on
Q: Can a bank charge me hundreds of dollars extra for months stating my insurance had lapsed when it had not?

Also there was a $50 additional charge every month for a auto detailing / paint protection application that I did not want in the first place, and was never received. But it was payed for every month as a additional fee added to my regular monthly payment. Also an employee of the bank repeatedly... View More

James L. Arrasmith
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answered on Jun 13, 2024

Based on the details you've provided, there seem to be several concerning issues with how the bank has handled your auto financing:

1. Incorrect insurance lapse charges: If your insurance had not actually lapsed, the bank should not be charging you additional fees. You have the right...
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1 Answer | Asked in Banking, Business Formation and Business Law for Texas on
Q: I want to sue regency bank. I’m in Tx, ex business partner is in Oldsmore,FL.

My business partner and i created a bank account. He set it up in Fl and signed for me to be on bank account. We are both owners splitting 50/50 % ownership.

I transfer 80k into business account. Which is everything to my name at the moment.

I thought both owners had to be on... View More

John Michael Frick
John Michael Frick
answered on Jun 11, 2024

Without reviewing the account application, company agreement, and company banking authorization, it is impossible to say based on your description if the bank was negligent. Importantly, as an owner of the company, it was clearly your duty to make sure the account application, company agreement,... View More

1 Answer | Asked in Contracts, Real Estate Law, Tax Law and Banking for Texas on
Q: if someone doesn't get notified about a death or a court order or get any of the notices due to everyones agreed not to

like information on DNA or real parents or being part of DoD research in hawaii 68 thru 75 to present and not by choice

James L. Arrasmith
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answered on Jun 11, 2024

I understand this is a very difficult and painful situation. If someone was subjected to research without their knowledge or consent, especially as a child, that is a terrible violation of their rights. Not being informed about important life events like the death of a family member or court... View More

1 Answer | Asked in Family Law, Banking, Elder Law and Probate for California on
Q: My sister passed away before she established the trust. Her husband with dementia is in the hospital. Can I do POA ?

My sister said she would give me their house after they died. Unfortunately, she passed away three weeks ago. She never established the the trust. My brother-in-law with dementia (he knows who I am ) also said that I would be the one who inherits the house after he dies. He gave me all his bank... View More

James L. Arrasmith
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answered on Jun 6, 2024

I'm so sorry for your loss and the difficult situation you're in. Here are a few key things to know about power of attorney (POA) and establishing a trust in California under these circumstances:

1. Your brother-in-law would need to have the mental capacity to execute a power of...
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