Banking Questions & Answers by State

Banking Questions & Answers

Q: my employer makes me do odd jobs such as moving furniture at the vp's house. Is this legal?

1 Answer | Asked in Employment Law, Workers' Compensation and Banking for Louisiana on
Answered on Oct 16, 2017

As long as you are getting paid for the time, it is legal. If it becomes a regular occurrence you should probably have a serious talk with your boss, but there's no law saying that you can't be asked to do work outside your job description.
View Details »

Q: I need a lawyer that can take a case that will take there money out after I win..the annuity account is worth 110,000

1 Answer | Asked in Family Law, Banking and Probate for Georgia on
Answered on Oct 15, 2017

If you are seeking an attorney that will petition the court for an early withdrawal of your annuity, it is possible to handle those cases on a contingency basis where the attorneys fees are paid from the proceeds of the withdrawal.
View Details »

Q: How much is a declaration? Of heir in texas and is it able to be deducted from a settlement with the comptroller?

1 Answer | Asked in Banking, Energy, Oil and Gas, Probate and Securities Law for Texas on
Answered on Oct 11, 2017

I suggest you have an in-person consultation with an attorney. It's a time-consuming job to review all the appropriate facts and advise you accordingly; therefore, you will probably be charged for the consultation.
View Details »

Q: Sep. from spouse (not legally). Approved on own to buy R.E. but mortgage co req him to be there at signing and on title?

1 Answer | Asked in Banking, Contracts, Divorce and Real Estate Law for Colorado on
Answered on Oct 9, 2017

If your mother truly qualified for the mortgage on her own, there should be no need for her husband to be on the deed or at closing.She should get an explanation from the mortgage company. In Colorado, a married woman may hold title in her sole name, without her husband.
View Details »

Q: My company has been charged each month over a year for a service we discontinued.

1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for Texas on
Answered on Oct 5, 2017

You need to calculate the whole over-payment so far charged to your company for services discontinued, as claimed. Did you formally discontinue the services? If so, it may establish your claim for their over-billing since then.

You indicated of contacting to the billers but they failed to appreciate your claim. Take it up formally with them showing their over-billing with details and give them a cut-off date for settlement of your over-payment with interest at the prevailing market...
View Details »

Q: California Securities Law Question: I am the sole shareholder of a British Virgin Island Corp that sells Crypto

1 Answer | Asked in Banking, Business Law, Consumer Law and Securities Law for California on
Answered on Oct 5, 2017

This is a complex question which is not suitable for a quick and free response on an anonymous internet forum. Hire a securities/tax attorney for a full analysis.
View Details »

Q: Will i qualify for a bana fide lease in nj if..

2 Answers | Asked in Banking, Real Estate Law, Foreclosure and Landlord - Tenant for New Jersey on
Answered on Oct 3, 2017

You should sit down with an attorney to go over your rights. It sounds like your former landlord is out of the picture, and you now have the bank as your landlord. You have options.
View Details »

Q: I paid cash for a house and am now renting it out. Is it possible to form an LLC and mortgage the house from myself?

1 Answer | Asked in Banking, Business Formation, Business Law and Real Estate Law for Maryland on
Answered on Sep 28, 2017

If the question is "can an individual make a loan to a business they own," the answer is "generally, yes." The individual would of course need to report any interest income received. If the question is "can a business make a loan to an individual who owns the business" the answer is "it depends." Maryland law licenses mortgage lenders and usually a business cannot make a mortgage loan to any individual if the lender is not licensed. Additionally, mortgages require payment of transfer...
View Details »

Q: is it a crime to list a dead person as treasurer of a company?

1 Answer | Asked in Banking, Business Law and Criminal Law for Florida on
Answered on Sep 28, 2017

Clearly there is more to this story.

On the limited facts you state I would say maybe inappropriate but not illegal. Depends upon how long the listing has been there in comparison to the passing of the person.
View Details »

Q: Can a business retain any portion of stolen money, innocently received?

2 Answers | Asked in Banking, Business Law, Federal Crimes and Identity Theft for New York on
Answered on Sep 27, 2017

No. You owe the money back. There are criminal issues here too. Make a payment plan.
View Details »

Q: My sister is on checking account of my mother. She says Mother can not remove her. She takes all the money out and gives

1 Answer | Asked in Banking and Probate for Texas on
Answered on Sep 25, 2017

If your sister is a convenience signer, your mother can remove her. If the account is joint with right of survivorship, your mother can take out the money and open a separate account.

A Will means nothing until it is accepted by a Court for probate. If your mother wants to make a new Will, she can. If she does not want to, she can. Either way, during her lifetime, you have no "right" to see the Will.
View Details »

Q: my bank sold my car without giving me a deadline for the payment, i just got the money today, car was sold 5 days ago

1 Answer | Asked in Banking and Consumer Law for New York on
Answered on Sep 25, 2017

Nothing. The marshal sold the car, not the bank. You owe the bank. The check I assume was from the marshal for the overage on the tickets.
View Details »

Q: My farther made me the beneficiary on his bank account, after he passed away my sister wrote out check in his name .

1 Answer | Asked in Banking and Probate for Michigan on
Answered on Sep 24, 2017

Assuming that your sister had no legal authority to do so, she committed a crime. Most anything you can do - short of confronting her and convincing her to make it right with you - will likely involve her getting into legal trouble. As you are the beneficiary of that account, it's up to you as to whether you want to go down that road.
View Details »

Q: Time Limit of a debt collector.

1 Answer | Asked in Banking, Bankruptcy, Collections and Consumer Law for Florida on
Answered on Sep 24, 2017

Unfortunately, there is no a time limit on a debt collector. State laws govern the length of time when you can be sued on a debt, but, a debt collector can still try and collect a debt that has been barred by the statute of limitations.
View Details »

Q: Can

1 Answer | Asked in Estate Planning, Banking and Probate for Maryland on
Answered on Sep 21, 2017

It sounds like the bank is suggesting your sister needs to REOPEN the estate (with the courts) and then handle the check.

There MIGHT be a simpler process depending on the size of the check etc, so I'd recommend consulting with a local attorney (the one who helped with the probate the first time?) to see the simplest way to accomplish what needs to be done.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an...
View Details »

Q: can a bank bounce a check in wrote when I had deposited the funds (check in my account 2 days prior) and the check

1 Answer | Asked in Banking and Consumer Law for Michigan on
Answered on Sep 21, 2017

I suggest you get a copy of all your bank transactions from one week prior to the incident to one week after the incident. Then contact a consumer lawyer in your area and provide him/her with a detailed summary of events and a copy of the bank transactions. Essentially, more information is needed to provide an accurate answer to your question.
View Details »

Q: My dad died in California and his bank accounts are in texas with $75,000 in the bank. which state should I file

1 Answer | Asked in Banking and Probate for California on
Answered on Sep 20, 2017

If the bank account in Texas is the only property to collect, then you should use a probate process in Texas to collect those funds. A probate proceeding in California is not required.
View Details »

Q: My elderly parents had a son abuse his POA privilege and stole from their bank account, should they report it to police?

1 Answer | Asked in Banking, Criminal Law and Federal Crimes for Ohio on
Answered on Sep 18, 2017

This is really a personal decision, not a legal question. They should understand the consequence could be quite severe, if the matter is reported. And, particularly if the family is otherwise on good terms, a repayment plan and an a heart to heart may be a much better option.
View Details »

Q: Is there a legal limit to the interest rate my bank can charge me?

1 Answer | Asked in Banking for Florida on
Answered on Sep 16, 2017

Florida Statute 687.03 in general prohibits an interest rate exceeding 18%, but, as the expression goes, "the devil is in the details". So, to review the statute go to the following link:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=usury&URL=0600-0699/0687/Sections/0687.03.html
View Details »

Q: If I'm the "guarantor" of a businss loan, what am I responsible for?

1 Answer | Asked in Banking for New York on
Answered on Sep 15, 2017
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.