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1 Answer | Asked in Banking, Civil Litigation and Education Law for Virginia on
Q: Does VA law require a notary to sign when notarizing a document?

A document that I recently had notarized by Bank of America is being rejected by my university on the grounds that the notary hasn't signed it. While attempting to research this online, I have yet to find definitive answers.

Derek Allen Colvin
Derek Allen Colvin
answered on Jan 26, 2023

There are seven (7) items required for the notary to state on each document being notarized:

1. The name of the county or independent city in which the document is signed

2. The date the document is signed.

3. The notarial statement – what is being notarized (i.e. a...
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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 Tennessee on
Q: If I made full payment on a bad check with PayPal, can I stillbe held criminally liable ?

I did fully pay the debt with paypal within 8 days

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 16, 2023

If it was a worthless check, then a charge is possible. It sounds like you have not been charged yet, so do not worry about it unless cited/arrested. Then hire an attorney top get it Diverted, Dismissed and Expunged.

1 Answer | Asked in Consumer Law, Banking, Business Law and Identity Theft for Tennessee on
Q: What to do when someone fraudulently cashes a check?

Someone fraudulently cashed a check I sent to pay my trash bill. The trash company never received it, so they still say I owe the bill. Who is responsible for getting the money - the bank, or the trash company?

John Michael Frick
John Michael Frick
answered on Jan 13, 2023

Most likely you.

If someone intercepted a check you wrote to pay a bill and wrongly cashed it, you can legally pursue that person and possibly your own bank as well as the bank that cashed the check.

But you do still owe your trash company and should pay it. This time I recommend...
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1 Answer | Asked in Banking and Contracts for Kentucky on
Q: I have a signed contract where the other party is trying to stick me with something I didn't agree to.

Here are the basics. I bought a house for $49,000, and put $10K down in cash, financing the remaining $39K, directly with the seller. No bank was involved. The terms of my contract state that I'm to make equal monthly payments with 8% interest added in, until the debt is paid. No penalties... Read more »

Timothy Denison
Timothy Denison
answered on Jan 11, 2023

If it’s not in the contract, it was never a term of the contract.

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 Banking and Business Law for Michigan on
Q: I owned a business, our bank without notices or court order froze our bank account, this closed the business immediately

The company was not behind on payments and not out of formula on credit line, I cannot talk to our loan officer and bank attorney will not provide any info

Adam Alexander
Adam Alexander
answered on Jan 10, 2023

Not a lot of detail in this question. A lawyer will need a lot more to provide you with your best legal options. However, my suggestion would be to immediately file a complaint with the CFPB. Your bank will have to respond, and this action may allow for a resolution. To the extent you later file a... Read more »

1 Answer | Asked in Banking, Civil Litigation and Consumer Law for Kentucky on
Q: Can a credit Union charge your card without permission and then close your card in a middle of a credit card dispute.

I notice a charge on my Credit card from a insurance agent for disability. There was a over payment and they charge my credit card without my authority...

Timothy Denison
Timothy Denison
answered on Jan 4, 2023

The Union usually has a set off provision in their cardholder agreement which allows them to set off any monies in your account to the extent their debt is paid.

1 Answer | Asked in Banking for Massachusetts on
Q: Who or what type of law do I need for chase bank reporting my payment late without viable legal warrant. Who do I call?

Submitted a car payment to Chase Manhattan bank the same way I had previously got a confirmation receipt cheat code never was notified by Chase that the payment wasn’t received or did not go through so the next month I made the payment the same way and at that point was notified of the issues... Read more »

Christopher Tolley
Christopher Tolley
answered on Jan 4, 2023

If I understand correctly, you have made payments and submitted documentary evidence but Chase refuses to credit the payments to your account. Try contacting the Massachusetts Attorney General's consumer assistance division.... Read more »

1 Answer | Asked in Consumer Law and Banking for California on
Q: My credit card issuer has stopped sending me monthly statements and bills, actually all correspondence and is now is cha

rging me interest and fees for unpaid bills. What is my recourse?

Scott Richard Kaufman
Scott Richard Kaufman
answered on Dec 31, 2022

AND almost assuredly dinging your credit score too.

Talk to an attorney who handles this type of issue,

either FCRA or FDCPA or both...

1 Answer | Asked in Uncategorized, Banking, Estate Planning and Probate for Florida on
Q: My father passed away in 2015. 1Dec 2022, I received a letter from a bank stating there is a savings account for him.

The bank says I need a court order to close it. Balance is roughly $3,000. How do I get a court order?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 30, 2022

Actually, a court order might not be necessary. Call the bank's attention to Florida Statute 735.303 and send them an affidavit as set forth in that statute. The statute can be accessed here:... Read more »

1 Answer | Asked in Divorce, Family Law, Appeals / Appellate Law and Banking for Arizona on
Q: I went through a divorce I couldn’t afford a lawyer all the things that my x wife acused me of were all lys for 38 year

The judge ordered everything in half but she has two bank accounts she didn’t put on table and I was the one paying for everything i didn’t know that she is a covert narsiste I was Being abused for20years and everything was about my youngest son and I didn’t even get the chance to say that I... Read more »

Stephen M Vincent
Stephen M Vincent
answered on Dec 29, 2022

I'm not entirely sure what you are asking.

If you discovered bank accounts that were not included in the Decree, you can ask the Court to revisit the Decree and include them as after-discovered assets.

If you feel you were shortchanged because you didn't have an attorney,...
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1 Answer | Asked in Banking for New York on
Q: can i sue my bank for locking my bank account without my approval or confirmation or notificationnthat they are locking
Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 27, 2022

What you need to do is demand the bank send you the proper notification and exemption claim forms pursuant to the Exempt Income Protection Act. You need a legal demand letter citing to the proper laws and regulations and demanding the documentation including the notice of restraint and execution... Read more »

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 Consumer Law, Contracts and Banking for Ohio on
Q: Are down payments illegal? If so can I get my money back?
Matthew Williams
Matthew Williams
answered on Dec 23, 2022

Down payments are not illegal. They are legal and ubiquitous.

1 Answer | Asked in Criminal Law and Banking for California on
Q: Can you report fraud to your bank if the purchase wasn't entirely legal?

Hypothetically, if one were to have purchased psilocybin mushrooms through a website and paid through Zelle, and then found out the website was a scam, could you get in trouble with the law for reporting the bank fraud?

Dale S. Gribow
Dale S. Gribow
answered on Dec 23, 2022

the answer is, IT DEPENDS........

if the bank notifies the police you could possibly have problems.

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 Banking for Florida on
Q: Can a bank legally freeze all my accounts without notice because I missed a payment on my bank CC account?

My bank (credit union, actually), with whom I have had accounts for over 25 years, recently froze all of my accounts (2 checking, 2 savings) with assets totaling over $180k, without any warning or notice. The reason they gave for this is that I had an outstanding balance on my credit card (issued... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 19, 2022

No, but unless you hire a lawyer to contact the credit union for you they will continue acting silly.

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, 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... Read 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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