Banking Questions & Answers by State

Banking Questions & Answers

Q: Can a bank debit your personal account for past due balance on your auto loan with them?

1 Answer | Asked in Banking and Consumer Law for New Jersey on
Answered on Dec 10, 2017

Yes, the can and obviously they did. I'm sorry that your husband was hospitalized and that caused financial problems. But in the future, keep any money that you need for a checking or savings account in a separate bank. Depending on your overall financial situation, Bankruptcy may be right for you. An experienced Bankruptcy attorney will be able to determine which type of Bankruptcy is the correct one for you.
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Q: My wife just received a writ of garnishment for her bank accounts. Should we avoid using those accounts till bankruptcy?

1 Answer | Asked in Banking and Bankruptcy for Oregon on
Answered on Dec 6, 2017

A marshal is able to reach any asset (i.e., bank account) that has your wife's name on it (even if it's a joint account).

Information provided for informational purposes only and should not be taken as legal advice.
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Q: Mom passed no will. Bank froze account for 30 days bank says my sister and I have to both come to bank to collect.

1 Answer | Asked in Banking and Probate for New York on
Answered on Dec 4, 2017

The freezing sounds right. The idea that you both need to come is not right unless you are pay on death beneficiaries.
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Q: Did the lender have the right to take my car away?

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Banking for Florida on
Answered on Nov 30, 2017

Your situation is way too complex to try to answer online. You need to consult with an attorney in your area face to face.

Good luck.
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Q: husband is paying arrears faithfully. can bank account still be levied?

1 Answer | Asked in Banking, Civil Litigation and Collections for Michigan on
Answered on Nov 29, 2017

Probably. I would need some additional information to accurately answer your question. I am assuming your husband had a repayment agreement with the creditor or debt collector after a judgment was entered in court. Most of the time, creditors will honor that payment plan and not take any collection action. Occasionally, bad faith, unscrupulous and unprofessional creditors will still continue to garnish and use other tactics - despite your good faith efforts to repay them. It's sad, but...
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Q: There was a fraudulent check cashed under my name what happens if I don’t pay it off

1 Answer | Asked in Banking, Consumer Law and Criminal Law for Florida on
Answered on Nov 29, 2017

Depending on the circumstances you might not be liable for the amount of the check. What do you mean fraudulent; did someone forge your signature to a check drawn on your account? Advise your bank that you didn't sign it.
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Q: My car was repossessed. My finance company will not allow me to pay the prior amount due to reinstate. How do I resolve?

2 Answers | Asked in Banking, Business Law, Civil Litigation and Consumer Law for Virginia on
Answered on Nov 27, 2017

You have a right to sue the finance company for breach of your contract and violating your rights. You can also call the office of the Attorney General for Virginia and file a complaint.
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Q: My mom past away in may of 2017. I have a sister and brother that have not been involved in her life since 2001.

1 Answer | Asked in Banking and Probate for Arizona on
Answered on Nov 24, 2017

If your Mom was unmarried at the time of her death and had no will, her estate passes to her children in equal shares under Arizona law. Since the affidavit procedure did not work for you, the next step is to open a probate. I recommend speaking with a probate attorney to learn more about this procedure. You may be able to handle the probate without an attorney by using the forms on the court website but with the lack of family cooperation that you have experienced, I believe it would be...
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Q: Have 30k in cash given to me by mother. What is best way to get into bank and will there be tax liability?

1 Answer | Asked in Tax Law, Banking and Divorce for California on
Answered on Nov 23, 2017

You can deposit and the bank will issues 8300 for it, but shouldn’t be a problem. No tax liability. Mom will have gift tax filing requirement. If there are concerns, consult a tax attorney with Bank Secrecy Act (BSA) experience. The information presented herein is for general purposes only. It is not intended for, and may not be construed as legal, tax, or accounting advice, or business solicitation. For specific advice, please consult a tax attorney in person. Good luck. Zaher Fallahi,...
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Q: I pawned my wedding ring on 8.11.17...for 250$.on 11.21.17 I went to get it and they said I owe 600$!!! I read the law..

1 Answer | Asked in Banking, Consumer Law and Contracts for Tennessee on
Answered on Nov 23, 2017

You are right as to the fee and 2% interest per month...24% per annum. In 93 days the amount on 250 would not be 600. You should contact the local attorney general and advise them of what you believe is an unlawful practice.

45-6-210. Rate of interest Other charges permitted.

In connection with and for a pawn or pawn transaction, no pawnbroker shall demand and receive a rate of interest greater than two percent (2%) per month of the amount of the loan advance under the pawn...
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Q: Is it possible for my deceased father to still own half of his estate?

1 Answer | Asked in Real Estate Law, Banking and Probate for Ohio on
Answered on Nov 20, 2017

What your brother meant to say is that your father's estate now owns half the house. When it sells, half the sale proceeds will go to the estate, and then the estate will distribute it to you and your brother according to your father's will. If your brother was named on the bank accounts as a co-owner, then he gets that money. Check the ownership of those accounts. Use the Find a Lawyer tab to consult a local probate attorney who can review all the actions of the executor and the...
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Q: Is a "bank guarantee" necessary to sell a bar of gold in Ghana?

2 Answers | Asked in Banking, Business Law, Consumer Law and International Law for Virginia on
Answered on Nov 20, 2017

She would be wise to consult a lawyer in Ghana before proceedings. May countries have at many times in history restricted the sale of gold, both to currency security and for fraud prevention. It is not at all unimaginable that Ghana retains such a legal structure. She might prefer to sell the gold in places like the US, were no guarantee is required. She is required to report any transaction(s) in gold with a value in excess of $10,000, including importing or exporting from the country. Once...
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Q: 2 Deeds Submitted into CC Office

2 Answers | Asked in Banking, Contracts, Foreclosure and Real Estate Law for New York on
Answered on Nov 18, 2017

Bring your deed and the verification letter to an attorney to review. You are looking to bring a quiet title action.

An action to quiet title is a lawsuit brought in a court having jurisdiction over property disputes, in order to establish a party's title to real property, or personal property having a title, of against anyone and everyone, and thus "quiet" any challenges or claims to the title.
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Q: My husband will be getting a workman's comp settlement soon. Can he legally keep the settlement to himself?

1 Answer | Asked in Divorce, Family Law, Banking and Workers' Compensation for Illinois on
Answered on Nov 17, 2017

He can try to keep all of the settlement, but it is a marital asset, and your would be entitled to your equitable share of it if you were in an actual divorce situation. If there is no divorce case involved, he if free to do whatever he wishes with the settlement proceeds. You will be entitled to a portion of the funds if he still has some left when you divorce.
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Q: Can a bank back out of an already done deal on auto financing because i drive for lyft?

1 Answer | Asked in Banking, Business Law, Civil Litigation and Consumer Law for Pennsylvania on
Answered on Nov 13, 2017

Was there any post-condition that disallowed you for lyft. If not, then they have to return all your cost, fee, charges etc. that you accrue on obtaining this car loan.
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Q: my uncle just got married yesterday, does his wife have access to his banking and other accounts

1 Answer | Asked in Banking, Civil Litigation and Family Law for Oklahoma on
Answered on Nov 10, 2017

There are a few questions here that are left unanswered. You really should sit down with an attorney and discuss. However, it really depends on your uncle and what he gives her access to. If he gives her the credit card to the account then theoretically yes she has access. If he does not however then she would not have access. This question is more dependent on what your uncle does and not just because they got married.
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Q: my uncle just got married yesterday, my father and uncle share banks accounts how will this affect my father and family

1 Answer | Asked in Banking, Civil Litigation, Estate Planning and Family Law for Oklahoma on
Answered on Nov 10, 2017

There are quite a few unanswered questions here. I would recommend siting down with an attorney to answer a lot of the intricacies that this question could entail. Essentially though the new wife would only be entitled to an equitable division of the assets that the uncle owns. If the uncle owns 1/2 of an asset the new wife could be entitled to an equitable division of that half. This is all dependent though on numerous factors. It would really be in your best interest to consult with an...
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Q: Can I write off contributions to my IRA if I own my own business?

1 Answer | Asked in Banking, Business Law and Tax Law for California on
Answered on Nov 9, 2017

401(K) and SEP-IRA will be funded and deducted by the S corporation. Regular IRA would be deducted on the 1040 form your earned income, not from K-1 distribution. Whether you can take regular IRA, you should ask the tax preparer, because it is based on the figures on the 1040. The information presented herein is for general purposes only. It is not intended for, and may not be construed as legal, tax, or accounting advice, or business solicitation. For specific advice, please consult a tax...
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Q: Can a bank be held reliable for stopping a business from doing business and losing money?

1 Answer | Asked in Banking and Business Law for New York on
Answered on Nov 6, 2017

No, unless the bank officer intended to harm you and you can prove it.
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Q: I am delinquent on my mortgage and I want to sell it to my sister in law and her father. Can I?

1 Answer | Asked in Banking and Real Estate Law for Pennsylvania on
Answered on Nov 3, 2017

Obviously the mortgagor is part of it. If it is your property you can sell it for whatever you want. If there's something else that you haven't discussed then get a consultation with an attorney.
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