Banking Questions & Answers by State

Banking Questions & Answers

Q: what to do when debt collectors take money out of a joint account in search of person A but only person B's $ is in it?

2 Answers | Asked in Bankruptcy, Banking, Civil Litigation and Collections for New York on
Answered on Aug 16, 2017

Your Dad, if eligible needs to file Bankruptcy, otherwise, you probably won't be able to get it back. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced bankruptcy attorney.
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Q: Can a law firm file a second motion for summary judgement, 1 year later, based upon an affidavit from an attorney

1 Answer | Asked in Banking and Foreclosure for New York on
Answered on Aug 15, 2017

Can they? For $45 anyone can file a motion for anything. Will they win? Not likely, as attorney affirmations are disfavored.
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Q: can an foreign NGO authorized in the state of NY open a bank account with a local bank?

1 Answer | Asked in Banking for New York on
Answered on Aug 13, 2017

Yes. If authorized in New York.
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Q: I lived with my x girl house were not married my checks from work got direct deposit into her bank can i get it back

1 Answer | Asked in Civil Rights, Banking, Consumer Law and Family Law for Connecticut on
Answered on Aug 11, 2017

It will depend on how this all transpired. Did you authorize this transfer somehow? Did she commit identity fraud? Your question is still somewhat vague.
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Q: Marie (1st choice Executor of Estate), Bill (2nd choice Executor of Estate), and Leon all live in the same house.

1 Answer | Asked in Banking, Estate Planning and Real Estate Law for California on
Answered on Aug 4, 2017

I assume that the mortgage is not a reverse-mortgage. When the mortgage company is notified about the passing of Leon, they will not communicate with Bill or Marie about the terms of the mortgage. They may require Bill or Marie to assume the loan. Bill or Marie should bring this situation to an attorney to review the title to the property and determine if a probate proceeding is required.
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Q: How can I safely get my money into my bank account without being reported or red flagged by the IRS?

1 Answer | Asked in Banking and Tax Law for California on
Answered on Aug 4, 2017

I strongly suggest talking with a tax professional with experience addressing foreign income and assets for US tax purposes. The general answers to these questions do not take into account many of the nuances that can apply in the US tax and reporting rules.

Generally, if you are not treated as an "owner" of the funds that were held in trust for you since your grandfather's passing (and questions of who is treated as the "owner" can get very nuanced and does not just include people who...
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Q: Should I sign a Ietter i received a Settlement offer (Stipulation With Request For Award, further known as Stips)?

1 Answer | Asked in Banking, Personal Injury and Workers' Compensation for California on
Answered on Jul 31, 2017

It is generally a bad idea to sign something you do not understand. The adjuster is probably working for the "other side" and may not have your best interests at heart.

It is not possible to comment on the letter without seeing it. It would seem to be a false economy to try to handle this without an attorney.

See the disclaimer at the bottom of this page.
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Q: Can anyone with a key access my safe deposit box?

2 Answers | Asked in Banking and Consumer Law for New York on
Answered on Jul 25, 2017

You may want to open a new box to avoid any legal issues. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: Mom lived in GA for one year and opened up a bank account. When she died, it had under $900 in it, bank won't release.

2 Answers | Asked in Estate Planning, Banking and Probate for Georgia on
Answered on Jul 25, 2017

If your mother passed away in New Jersey, you will need to proceed under New Jersey law. If Georgia, then Georgia law. Ultimately, if the bank is located only in New Jersey, you will need to follow New Jersey law to get the money from the bank.
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Q: I am an equity partner in a company overseas and want to understand some details

2 Answers | Asked in Banking, Business Formation and Business Law for Massachusetts on
Answered on Jul 20, 2017

A EU company depending upon the jurisdiction it is incorporated can loan money to a US corporation. The Amount of money that is required to be withheld will depend upon the tax treaty as well as the amount of tax it is required to pay to the US. The foreign entity will need to apply for and obtain a TIN. There are other ways of handling the matter including open a US subsidiary such as a LLC and use it as the nominee for such transactions. The EU company is I assume formed in a jurisdiction...
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Q: Joint banking account debt mid divorce

1 Answer | Asked in Banking, Child Support and Divorce for Oklahoma on
Answered on Jul 19, 2017

The bank overdraft is the JOINT Responsibilty of both parties. The divorce could order him to pay, or hold her harmless, but if he is long term incarcerated, the bank may come after her.

Nothing prevents opening a new account now. She should have her own attorney in the divorce. She should consult an experienced Family Law attorney for help
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Q: My uncle died he left about $15,000 in bank account he left no will .I paid for funeral how do I get money from

1 Answer | Asked in Banking, Small Claims and Probate for New York on
Answered on Jul 17, 2017

You need to file what is called a Voluntary Administration in the Surrogate's Court of the county your uncle resided in when he died. It costs a $1 filing fee.
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Q: My mortgage company is telling me that I still have to pay PMI and in my PMI disclosure states when I reach 78% why

1 Answer | Asked in Banking and Real Estate Law for Connecticut on
Answered on Jul 12, 2017

How did you determine that you are below 78%? Based on the original appraised value of the home? If not, then that may be why. Also sometimes there are conditions which state another event must occur before PMI will be released. Look to your mortgage documents for that. Sometimes you just need to call or write to notify your lender that you've reached the threshold to effectuate the release of PMI. You often must also have a good payment record and be up to date on all payments or even get an...
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Q: Is Affidavit of Heirship form off TX comptroller website sufficient to close fathers bank account?

1 Answer | Asked in Banking, Family Law and Probate for Texas on
Answered on Jul 11, 2017

The Texas estate's code has the definition of who is considered adopted. I suggest reviewing it or consulting with a probate attorney.
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Q: What happens if I stop paying for my car that was total loss 2 years ago and I repaired it, can the bank sue me?

2 Answers | Asked in Banking, Car Accidents and Consumer Law for Florida on
Answered on Jul 7, 2017

Yes, if you stop paying they can sue you for the amount you still owe them. It seems strange that the insurance company paid you without getting a release from the dealer (or loan company; whoever had the lien on the car).
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Q: Can I open a business bank account for someone else with an authorization letter?

1 Answer | Asked in Banking, Business Formation and Business Law for New York on
Answered on Jul 5, 2017

Yes, but you'll need the articles of organization, the FEIN #, and a board resolution indicating that you are authorized.
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Q: What does it take not to be called a bank?

1 Answer | Asked in Banking, Business Formation, Business Law and Consumer Law for New Jersey on
Answered on Jun 30, 2017

Your question is too vague to answer.
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Q: How long can a company get to avoid been called a bank legally?

1 Answer | Asked in Banking, Business Formation, Business Law and Legal Malpractice for New Jersey on
Answered on Jun 30, 2017

Your able to loan money within certain interest rate limits but cannot maintain money accounts or participate in issuing credit cards or anything offered by Federal Reserve. But this a very tricky area that needs lots of research as failure to follow state guidelines can lead to imprisonment. You are also limited in the names you are allowed to use under state guidelines.
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Q: Is it legal in Colorado for a bank to require a divorce decree to approve a loan when divorce isn't even intended?

1 Answer | Asked in Banking and Consumer Law for Colorado on
Answered on Jun 30, 2017

Divorces can significantly impact the income, expenses, and ownership of marital property. Since you are still married, both parties' property is potentially still part of the marital estate and subject to division. Overlap the differences in state law (e.g. CA is a community property state) and I can understand why the bank is nervous. A bank can legally request additional assurances, whether these assurances are reasonable or in both of the party's interests is a wholly different matter......
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Q: About "Power of Attorny" and "Legal Representative Agreement"

2 Answers | Asked in Banking, Business Formation, Business Law and Identity Theft for New York on
Answered on Jun 30, 2017

You need an employment agreement. There is no "form".
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