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1 Answer | Asked in Banking, Contracts and Consumer Law for New Jersey on
Q: I currently am in a car loan contract that has a 29.99% APR. In New Jersey that APR is 0.01% away from being illegal.

I believe I was tricked into this loan. I have no copies from the day of signing. I am questioning the legality of this 29.99% APR in NJ.

The day I signed this loan I was in desperate need of a vehicle as I was 18 years old, no credit, I had a job but it showed no income. I also need a... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 14, 2025

You will need to retain an experienced New Jersey Civil litigation attorney and have an either a secured video consultation or contact the attorney to find out whether the attorney is seeing clients in person or not. The attorney may charge you a consultation fee to review any documents that you... View More

2 Answers | Asked in Banking, Insurance Bad Faith, Civil Litigation and Personal Injury for California on
Q: Legal recourse for life insurance cancellation due to bank payment error in CA?

I paid my son's life insurance for 10 years through automatic bank payments. Recently, due to a bank system change, my March 2024 payment wasn't processed, leading to the insurance policy's cancellation. The insurance company claims they didn't receive payments for March, April,... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Feb 14, 2025

This question came up under several different headings. Please note the appropriate topic is "Banking" or "Civil Litigation". It does not involve insurance or personal injury. I don't think you have a cause of action against the insurance company because they didn't... View More

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4 Answers | Asked in Banking and Bankruptcy for Virginia on
Q: In a single member LLC that is filing chapter 7 bankruptcy. What happens to business credit card balances in that case?

Do these affect the personal credit report, or not? Currently the credit card is not reflected on my personal credit report, and I don't remember if I personally guaranteed the card or not.

Bernard S. Via III
Bernard S. Via III
answered on Feb 10, 2025

It all depends on your statement and guarantee of the bank credit card. I believe the statement should have both your business name and your name on it a joint debt. If you list the debt in the bankruptcy it comes off your credit as discharged in bankruptcy . If it is only in your business then it... View More

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1 Answer | Asked in Collections and Banking for Pennsylvania on
Q: I'm being sued by Capital One. It is my account solely. All my accounts and assets are in my name and my wifes name.

Is there anything that can be seized based on unsecured debt law in Pennsylvania? Everything I'm reading is saying there isn't much that can taken to repay the debt since it is solely mine.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 9, 2025

If by "being sued" you mean a Complaint has already been filed against you, do NOT ignore it; file a responsive pleading that gives you more time.

Use that time to contact whoever speaks for your adverse party to determine what it will accept to resolve this issue.

You...
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1 Answer | Asked in Consumer Law and Banking for New York on
Q: I've gotten counterfeit money from a bank ATM. I went directly into the branch & was told its impossible. What can I do?

I've put in claims and they are denied. Basically I can't be reimbursed is what I'm told. Is this true? The error was on their end. I didn't go the any ATM. It was the actual banks' ATM.

Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

Interesting question. If you can PROVE that you received the phony money from the ATM, you may have a lawsuit for negligence against the bank which should be expert at spotting a phony bill, even a $20 one. You don't mention the amount, but I assume it wasn't more than a few hundered... View More

2 Answers | Asked in Real Estate Law, Tax Law, Banking and Probate for Florida on
Q: FL judge determined I am heir to my dad's estate.Exempt from FL taxes.I live in MN.When I sell his house do I pay tax?

Am also wondering when I sell his house & car, do the funds go into estate account? Or because judge put everything into my name personally, & not "the estate of XYZ", does that mean funds go into my personal bank account. Am so confused, as am so used estate stuff being kept... View More

Marc J. Soss
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Marc J. Soss
answered on Jan 22, 2025

The house needs to be valued at its date of death value. If you sell the house for more than that amount you would be subject to taxes. But only if the net sales price is more than the appraised value.

If the Judge put everything in your name then nothing needs to go into an estate account.

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1 Answer | Asked in Contracts, Banking and Consumer Law for New Jersey on
Q: Listed price of a car is is lower than on a contract.

On the ad, the dealer listed price of a used car $13,495.

Upon visiting, the dealer told me that I could not get the same price on cash and that the cash price was $16,495. But if I do the financing, I'll get a discount of $3,000, and my MSRP would be $13,495. I kept asking the dealer... View More

Melissa Totaro
Melissa Totaro
answered on Jan 9, 2025

Assuming the facts stated in your question can be proven the dealer violated New Jersey regulations and Consumer Fraud Act by, among other things, refusing to honor the advertised price. A consumer who suffers a monetary loss as a result of a business violating the Act can sue the business for... View More

1 Answer | Asked in Banking for Texas on
Q: What kind of attorney do I need for a banking issue?

I put money in Icon Bank, which merged with Bancorp South, which is now Cadence Bancorporation. The president of Icon Bank is still the president of Cadence Bank. Same man. They will only go back 7 years with showing account information. We were able to only get $4000 something back. They owe us... View More

John Michael Frick
John Michael Frick
answered on Dec 23, 2024

You need to take all of your documentation, including your monthly bank statements, to an attorney who practices in or near the county where the bank is located with experience in banking law. Since account numbers and routing numbers might have changed, a chronology reflecting your original... View More

2 Answers | Asked in Consumer Law, Identity Theft and Banking for California on
Q: How can I get a bank to give me back my money after I been in a identity theft
Matthew McKenna
Matthew McKenna
answered on Dec 16, 2024

You should immediately dispute the issue with the bank (and preferably in writing). You'll likely also want to complete a police report to give to the bank to verify the identity theft and respond accordingly if the bank asks for any follow up information from you. Keep track of everything on... View More

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1 Answer | Asked in Family Law, Banking and Divorce for New Jersey on
Q: Can a PoD designation ever be reversed or nullified in the state of New Jersey? If so, how?

My sister recently died in a nursing care facility in NJ. Her husband deserted her two years previous and because of the uninhabitable state of the rented marital home that the landlord did not repair as well as her illnesses, she had to move to a facility. She could not drive or operate a... View More

Richard Diamond
Richard Diamond
answered on Dec 4, 2024

Depending on the status of the divorce matter, there may be a proper basis to undo his receipt of monies in her accounts but im not sure that the process and expense will be worth it, given the cost of retaining counsel, review of the status of the divorce matter, etc to justify the payment of a... View More

1 Answer | Asked in Banking, Consumer Law, Foreclosure and Real Estate Law for Arizona on
Q: A person makes a Mortgage pymt, the financial institution accepts and confirms, then puts pymt back in bank acct refuses

I assumed my mothers mortgage acct with W F same bank as checking acct .3 times now they have refused payment making my regular payment triple and my mortgage acct default . What can I do?

Peter H. Westby
Peter H. Westby
answered on Nov 18, 2024

You have provided insufficient information for me to know exactly what is happening. But it sounds as though your mortgage may be in arrears due to unpaid fees or other charges. If the amount tendered is not precisely correct including any late fees or other charges, a lender will often reject it... View More

1 Answer | Asked in Consumer Law and Banking for Texas on
Q: When the client of a lawyer requests a copy of his file, is lawyer required to supply that either hard copy or digital
John Michael Frick
John Michael Frick
answered on Nov 18, 2024

Yes. Whether the file is maintained as a hard copy file or in electronic format, the lawyer is required to provide the client's file to the client upon request.

A lawyer is not required to keep a copy of the client's file after the engagement has ended. The lawyer is required to...
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4 Answers | Asked in Car Accidents, Consumer Law, Contracts and Banking for California on
Q: On March 31, my son hit the car in front of him, and the other party pressured him to pay via Zelle on the spot without

On March 31, my son hit the car in front of him, and the other party pressured him to pay via Zelle on the spot without providing a repair estimate. Afterward, they requested more money through text messages, and my son made a bank transfer that same day. However, he immediately tried to cancel the... View More

Leon Bayer
Leon Bayer
answered on Oct 15, 2024

As far as the bank is concerned, they simply followed your son's instructions. If he got scammed, it's not the bank's fault. You don't get to have the bank pay you back.

Worthy of consideration is that your son caused damage to the other car, and the other is owned by...
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4 Answers | Asked in Car Accidents, Consumer Law, Contracts and Banking for California on
Q: On March 31, my son hit the car in front of him, and the other party pressured him to pay via Zelle on the spot without

On March 31, my son hit the car in front of him, and the other party pressured him to pay via Zelle on the spot without providing a repair estimate. Afterward, they requested more money through text messages, and my son made a bank transfer that same day. However, he immediately tried to cancel the... View More

Tim Akpinar
Tim Akpinar
answered on Oct 16, 2024

I'm sorry about your son's accident and ordeal. I hope everyone is okay. It's your decision, but there's something to be said for handling this through your insurance carrier... how do you know the other driver won't come back in 10 months with an injury lawsuit? An... View More

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2 Answers | Asked in Estate Planning, Banking and Probate for Pennsylvania on
Q: My name is on my mothers account, with hers. She has passed. How should I handle the account till dispersed

Her name is still on the checking account. This is the only asset. Dispersing monies in Dec after Medicare has had time to review her account and try for reimbursement. Can her name stay on the account, or does it need to be an Estate account so that I do not get taxed on it. If it is an Estate... View More

Michael Cherewka
Michael Cherewka
answered on Sep 9, 2024

although you state that your name is on the account, you can be on account as Power of Attorney or authorized signer (Which both expired when your mother passed away), in which case you may have to open an Estate administration to get control of the funds and open an Estate account (depends on how... View More

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2 Answers | Asked in Estate Planning, Banking and Probate for Pennsylvania on
Q: My name is on my mothers account, with hers. She has passed. How should I handle the account till dispersed

Her name is still on the checking account. This is the only asset. Dispersing monies in Dec after Medicare has had time to review her account and try for reimbursement. Can her name stay on the account, or does it need to be an Estate account so that I do not get taxed on it. If it is an Estate... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 7, 2024

To do the things you want (you do not state the amount involved), you can initiate a probate (to pay estate bills, and PA tax on distributions to you is five percent) if there was a Will, or an Administration if there was no Will.

I've represented financial institutions for decades,...
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1 Answer | Asked in Banking, Business Law, Construction Law and Contracts for New Mexico on
Q: Are the model numbers on electrical and building permits in New Mexico required to match the contract and loan papers?

My father had solar panels installed on his home in NM and when gathering the info for the tax credits I noticed differences in the information listed on the electrical and general building permits, installer contracts and loan financing documents regarding the solar panel model numbers, the actual... View More

Tim Akpinar
Tim Akpinar
answered on Sep 4, 2024

A New Mexico attorney could advise best, but your question remains open for two weeks. Until you're able to speak with a local attorney or an official from the buildings department, one issue that could possibly arise from the standpoint of insurance is whether there are inconsistencies in... View More

2 Answers | Asked in Contracts and Banking for Florida on
Q: I have received threatening emails from "debt collectors" for loans I have no record of taking out

These so called attorney's for a debt collectors have sent me emails threatening legal action of a court summons and/or having me arrested. However, when I ask for proof of the loan they say I took out, they have refused to provide me any information. Their only means of contact is email,... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 6, 2024

You are correct to be cautious and suspicious. Usually this type of written collection communication is by regular mail, not email - or possibly regular mail plus email, but not email alone. The written communication usually gives the debtor a deadline to write back to dispute the debt, and the... View More

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1 Answer | Asked in Banking, Bankruptcy, Personal Injury and Civil Rights for California on
Q: How do I sew the court for litigation abuse syndrome regarding the PG&E Camp Fire Case?

I am a victim of the 2018 Camp Fire. Multiple times the court abused my civil rights. The judge refused to let speak on my behalf, lawyers voted for me with out being a client, bullied by the Tort lawyers, during litigation, and I was forced to represent my self because the lawyers refused to... 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 Jul 28, 2024

I'm really sorry to hear about your experiences with the PG&E Camp Fire litigation. Under California law, you have the right to file a complaint if you believe your civil rights were violated during the legal process. To start, you'll need to document all instances of perceived abuse... View More

1 Answer | Asked in Foreclosure and Banking for California on
Q: "Seeking advice on loan modification: If my mom (or we as POAs) signs, who is liable if the loan defaults?"

my brother took the loan using my mom’s credit. My mom is not in the mental state to sign the agreement. If myself or my son who are the power of attorneys signed that document for my mom, where does the responsibility lie if the loan goes into default.?

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 Jul 24, 2024

If you or your son sign the loan modification document as power of attorneys for your mom, you are signing on her behalf, not assuming personal liability for the loan. Under California law, the responsibility for the loan remains with your mom, as the original borrower, even if you sign on her... View More

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