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2 Answers | Asked in Consumer Law, Banking, Civil Litigation and Civil Rights for California on
Q: Which type of lawyer can help me to get my money, maybe suing BofA for stealing from me and misguide me during 4 years?

Due to a Bank of America´s branch closure a safe deposit box that I had with them was drilled and its contents removed ($85,150 in cash, nothing else). I was sent a form to my address in Taiwan asking me to notarize it at a US embassy so that the cash could be sent to me by mail. After the bank... View More

Leon Bayer
Leon Bayer
answered on Sep 27, 2023

I assume the cash was successfully deposited into your bank account. If so, the only issue is the other contents of your box.

But you don't say what else was in the box. Perhaps you will get a better answer if you tell us what else was in the box. Obviously, if it was some tickets to...
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2 Answers | Asked in Consumer Law, Banking, Civil Litigation and Civil Rights for California on
Q: Which type of lawyer can help me to get my money, maybe suing BofA for stealing from me and misguide me during 4 years?

Due to a Bank of America´s branch closure a safe deposit box that I had with them was drilled and its contents removed ($85,150 in cash, nothing else). I was sent a form to my address in Taiwan asking me to notarize it at a US embassy so that the cash could be sent to me by mail. After the bank... View More

James L. Arrasmith
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answered on Sep 28, 2023

You should consult with a civil litigation attorney in California who can assess your case and potentially help you pursue legal action against Bank of America if you believe they mishandled your funds and provided misleading information. They can evaluate the specific details of your situation and... View More

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1 Answer | Asked in Tax Law, Banking, Divorce and Family Law for California on
Q: My bank account got FTB legal order on hold fund due to my husband not paying the tax, but we are separated

My husband and I are separated. After he stopped paying monthly support, I filed legally separated, and the court has ordered him to pay support, but he closed all the bank accounts (including joint accounts) and hiding outside of the US after selling his inheritance house. After filed separation,... View More

James L. Arrasmith
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answered on Sep 22, 2023

You may be able to file for innocent joint filer relief to address the tax liability issue caused by your husband's actions. You should consult with an attorney experienced in tax matters to guide you through the process and discuss potential options to release the hold on your bank account.... View More

3 Answers | Asked in Consumer Law and Banking for California on
Q: I have a banking negligence/Consumer protection related question. In essence, the bank failed to monitor my mortgage a/c

I am a victim of bank negligence. Bank didn’t properly monitor my mortgage account and fraudsters operated it at will depositing monies and reversing as they pleased. The whole scheme by the fraudsters was a scam where they deposited monies into mortgage, and offering discounts in return where... View More

Leon Bayer
Leon Bayer
answered on Sep 21, 2023

I am sorry this happened. But I don't see where the bank is to blame. If I understand you correctly, you expected to benefit from these transactions, making you a willing, (although a duped) participant in a possible fraud scheme. I think the bank is not to blame.

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3 Answers | Asked in Consumer Law and Banking for California on
Q: I have a banking negligence/Consumer protection related question. In essence, the bank failed to monitor my mortgage a/c

I am a victim of bank negligence. Bank didn’t properly monitor my mortgage account and fraudsters operated it at will depositing monies and reversing as they pleased. The whole scheme by the fraudsters was a scam where they deposited monies into mortgage, and offering discounts in return where... View More

James L. Arrasmith
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answered on Sep 21, 2023

Banks owe a duty of care to their customers and can be held liable for negligence if they fail to exercise reasonable care in monitoring and safeguarding accounts. If a bank's failure to monitor and detect suspicious activity results in financial loss to the customer, the bank may be held... View More

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3 Answers | Asked in Consumer Law and Banking for California on
Q: I have a banking negligence/Consumer protection related question. In essence, the bank failed to monitor my mortgage a/c

I am a victim of bank negligence. Bank didn’t properly monitor my mortgage account and fraudsters operated it at will depositing monies and reversing as they pleased. The whole scheme by the fraudsters was a scam where they deposited monies into mortgage, and offering discounts in return where... View More

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Sep 22, 2023

Yes. Obviously this will require some digging into the facts and documentation, but this sounds like an issue where the bank reasonably should have seen that harm was being caused to its customers through illegal means. The bank isn't allowed to just bury its head in the sand. I have... View More

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1 Answer | Asked in Consumer Law and Banking for Georgia on
Q: I write a check to a dealershipno Now the money I was expected It's not in the bank.What do I do?

I was supposed to close on a house to get earnest money and some rebate. Collection call me mention something about jail time what is my option

T. Augustus Claus
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answered on Sep 21, 2023

If you've written a check to a dealership and now find that you don't have sufficient funds in your account to cover it, you could be facing some serious issues. In Georgia, writing a bad check can be considered a misdemeanor or even a felony depending on the amount and circumstances.... View More

1 Answer | Asked in Banking, Identity Theft and Small Claims for Virginia on
Q: Can I sue my ex for access to my second cashapp account I let her use while we were together?

Before Me and my Girlfriend broke up and I had made a Cashapp account, for her to borrow. I had used my identification and SSN to verify my ID and now she has locked me out of it. Cash app support has been useless in canceling the account.

James L. Arrasmith
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answered on Sep 21, 2023

To potentially address this situation, you may want to explore the option of mediation or negotiation with your ex-partner to regain access to the second Cash App account. Legal action could be considered if all other options fail, but it's essential to consult with an attorney who can provide... View More

1 Answer | Asked in Contracts and Banking for Missouri on
Q: What are the legal repercussions of “paying” off a loan to get into another loan?

Right now we have a loan with our current vehicle and its transmission went out. We still owe on this vehicle. We are going to eventually just give it back to the bank. When I tried to get another loan for a vehicle, no place would let me because of the loan I have. I used my routing number to make... View More

Robert Grant Pennell
Robert Grant Pennell
answered on Sep 20, 2023

You have the cart in front of the horse. You need to be asking “what are the legal repercussions of knowingly writing a bad check.” The answer is it is a crime, and you can be pursued criminally by the prosecuting attorney or civilly by the lender to whom you wrote the check knowing it would... View More

1 Answer | Asked in Banking for Wyoming on
Q: Can a bank put hold on your check you deposited saying possible fraud if you have cashed same check for last 9months

My bosses check cleared his account as always the next day,I'm not able to pay bills or get to work as I now have no gas money ,Iv called and called and my $ still not available.

T. Augustus Claus
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answered on Sep 19, 2023

Banks are given broad authority to place holds on checks to ensure their authenticity, even if you have a history of depositing similar checks without issues. Factors like a sudden large amount, differences in the check's appearance, or any discrepancies in the information could flag the... View More

1 Answer | Asked in Business Law and Banking for New Jersey on
Q: LLP took out SBA EIDL loan. Loan docs mention personal liability. One partner leaving does this effect buyout.

Partner buying out leaving partner wants to reduce buyout amount by leaving partners % of sba loan liability. Is this right? Nothing in partnership agreement and buyout terms mentions liabilities.

T. Augustus Claus
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answered on Sep 15, 2023

When a partner leaves an LLP that has taken out an SBA EIDL loan, the implications for the remaining partners can be influenced by several factors, including the terms of the partnership agreement and the loan documents. If the partnership agreement does not explicitly address the allocation of SBA... View More

1 Answer | Asked in Employment Law, Tax Law, Banking and Securities Law for Illinois on
Q: I got stock as bonus, but the stock price dropped. Now I owe tax on original amount but the stock isn't worth to cover.

I received stock in the form of RSU, but at the time it was over $100 a share higher than it is now. Now I'm being taxed off of the original stock amount since it is looked at as a "cash bonus", but even selling the stock I can't raise the capital needed to cover that tax... View More

James L. Arrasmith
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answered on Sep 14, 2023

The taxation of RSUs can be complex, and it's unfortunate that the stock's value has dropped significantly. You're correct that capital losses can often be used to offset capital gains, but there may be limitations on the amount you can deduct in a given tax year. I recommend... View More

1 Answer | Asked in Family Law and Banking for Ohio on
Q: Can an 18 year old get her minor account transferred to an adult account?

I am working with a student who turned 18 last week. Her father refuses to go to the bank with her to get her account transferred to her alone. She cannot access the money without his signature. She no longer lives with him as he has been abusive towards her. She has earned the money through... View More

Todd B. Kotler
Todd B. Kotler
answered on Sep 14, 2023

Depending on the language of the original contract with the bank the student may have to file a lawsuit against the father for injunctive relief. This is too dependent on facts not stated in the question to answer more thoroughly. THe student should work with an Family Law attorney that is... View More

4 Answers | Asked in Bankruptcy and Banking for Colorado on
Q: When the bank holds the title on a vehicle but won't repossess it when the loan is in default. How can I get rid of it?

It's a large motorhome and I have no place to keep it. Can't afford to store it

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 6, 2023

In a bankruptcy case, you are given the right to return collateral to the secured lender in exchange for full satisfaction of the secured claim of that lender.

Short of that, the terms of your Security Agreement, with applicable Colorado law, apply.

In particular, what does the...
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4 Answers | Asked in Bankruptcy and Banking for Colorado on
Q: When the bank holds the title on a vehicle but won't repossess it when the loan is in default. How can I get rid of it?

It's a large motorhome and I have no place to keep it. Can't afford to store it

T. Augustus Claus
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answered on Sep 6, 2023

When dealing with a situation where the bank holds the title to a vehicle but won't repossess it despite the loan being in default, you have a few options to consider. Firstly, it's advisable to contact the lender and explain your situation. They may be willing to work with you on a... View More

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4 Answers | Asked in Bankruptcy and Banking for Colorado on
Q: When the bank holds the title on a vehicle but won't repossess it when the loan is in default. How can I get rid of it?

It's a large motorhome and I have no place to keep it. Can't afford to store it

James L. Arrasmith
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answered on Sep 8, 2023

You should consider consulting with an attorney to understand your legal obligations and potential solutions in this scenario, such as possibly selling the vehicle and paying the bank the proceeds, or arranging for a voluntary repossession. It is important to act within the bounds of the law to... View More

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1 Answer | Asked in Consumer Law and Banking for California on
Q: "ADEQUATE NOTICE" CCC section 1774(i)(k) & 15 USC section 1602(k) TILA 15 USC section 1643 on credit card online bank

Credit card co changed my getting into my online 'paperless' emails to view my credit cards and make payments online! Credit card co sent me any email stating "we'll email you when [you] have [something] new to view. Then just [sign in] to 'XXXX.com' OR ..mobile... View More

James L. Arrasmith
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answered on Sep 4, 2023

Under California's Consumers Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), and the federal Truth in Lending Act (TILA), credit card companies are generally required to provide consumers with "adequate notice" of any significant changes to account terms or practices. If a... View More

2 Answers | Asked in Divorce, Family Law, Banking and Child Support for Texas on
Q: Will a bank account shared with a sibling or otherblood relative be protected from divorce requirements to divide wealth
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answered on Sep 1, 2023

In Texas, the division of assets during a divorce is generally guided by community property laws. Community property laws dictate that most property acquired during the marriage is considered community property and is subject to equitable distribution between the spouses upon divorce.... View More

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2 Answers | Asked in Estate Planning and Banking for North Carolina on
Q: Hello, my brother passed away in June of this year. He made me POA of his affairs. I also had a Living Trust

And Living will. My question is how can I close out his bank account to which he added my name to it. The problem is he has a living wife, they had been separated for over twenty years.

Anthony M. Avery
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answered on Aug 31, 2023

The POA is terminated at the principal's death. If you are on the signature card, the funds are probably already your property. The Trust may affect your individual ownership of the bank account, or those monies may never have become Trust Corpus.

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2 Answers | Asked in Estate Planning and Banking for North Carolina on
Q: Hello, my brother passed away in June of this year. He made me POA of his affairs. I also had a Living Trust

And Living will. My question is how can I close out his bank account to which he added my name to it. The problem is he has a living wife, they had been separated for over twenty years.

T. Augustus Claus
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answered on Aug 31, 2023

Start by reviewing your brother's Living Trust and Living Will to understand his wishes regarding his assets, including the bank account to which your name was added. Notify the bank of his passing and follow their procedures for closing the account, ensuring you have the necessary legal... View More

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