Lawyers, Answer Questions  & Get Points Log In
California Banking Questions & Answers
1 Answer | Asked in Banking for California on
Q: Bank deposits money in my bank account by mistake then overdrafts the account I deposit cash 2fixit I want it back cani

900 deposits. By bank. The overdraft after then I pay 500 own money to fix balance . Still negative balance but I rather get the money I recently deposited to fix it. Back. And go to collections can I get those deposits back?

Maurice Mandel II
Maurice Mandel II answered on Mar 18, 2021

If the bank causes errors, it may be responsible to fix them, but not if you know the balance was wrong and overdrew it. You probably get all charges against you waived. The problem with you case is that it will cost more for an attorney, than the case is worth. Small claims?

Justia...
Read more »

2 Answers | Asked in Banking, Civil Rights, Probate and Small Claims for California on
Q: If I transfer money into my boyfriends bank account, and then use that money, is it considered a gift from him in court?

The amount was $300 and I used it the same day I transferred it. I bought myself something with that money and now he is trying to say the item is his since the money (did not originally) came out of his bank account.

Louis George Fazzi
Louis George Fazzi answered on Mar 10, 2021

The answer is "it depends." Much more information is needed.

View More Answers

1 Answer | Asked in Contracts and Banking for California on
Q: A sellers right to cancel within 10 days, what happens after if they want to cancel due to financing

I traded my vehicle to a dealership on 2/15/21 and I received a call from them yesterday 2/25/21 asking me if I could put more money down or get a co-signer. What happens if they call me today saying they could get financing since it is no longer within the 10 days?

Yelena Gurevich
Yelena Gurevich answered on Feb 26, 2021

Since they called you on 2.25.21 asking for more money, you will have a hard time proving they did not "cancel" within 10 days since 2.25 was day 10. At this stage, the dealer can ask for the car back and give you back anything you paid/ traded in, or the dealer can choose to become the... Read more »

3 Answers | Asked in Banking, Business Formation, Business Law and Gov & Administrative Law for California on
Q: Regarding EIDL loan

I receive an email today from SBA.gov and they asked me for the following information.

Why would they ask me for this information now when I already got approved?

They are also asking me "A statement that the LLC held a meeting and specify the date" I don't hold... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Feb 19, 2021

The short answer is that to qualify for the EIDL money, you would need to have had a meeting to authorize the LLC taking on that financial responsibility.

I would recommend that we schedule a free initial consultation to discuss additional requisite facts … and how to best move forward.

View More Answers

2 Answers | Asked in Banking for California on
Q: Ihave problems questions Ihave stock market missing mails to my bank account about 2milion now idont hear messages from

That why im so mad idont want design my product any if they don't send me money iwill stop

William John Light
William John Light answered on Feb 14, 2021

You have posted this in the employment forum, but it doesn't sound like an employment question. It's also impossible to tell what advice to give you. Punctuation would help. Complete sentences would help. A question would help.

View More Answers

3 Answers | Asked in Banking, Bankruptcy and Identity Theft for California on
Q: Do I need a bankruptcy lawyer

Identity theft not caught until my credit card account was long depleted for my business

Ernest Charles Payne Jr
Ernest Charles Payne Jr answered on Feb 6, 2021

File a police report for the identity theft (PC 530.5, et. al.) and a fraud claim with the bank and/or credit card company. You should not need to file bankruptcy.

View More Answers

1 Answer | Asked in Banking and Small Claims for California on
Q: I need the opinion of a lawyer, please. I have a picture of a will, and I need to know if its real or not?
Maurice Mandel II
Maurice Mandel II answered on Feb 6, 2021

IMO you need the original will. BTW this is Probate not Banking.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Banking, Consumer Law and Identity Theft for California on
Q: How long can Charles Schwab hold my money legally after they close my account. They said I was in chex systems

They said I was in chex systems so they can't open my account due to fraud. I sent them my California ID along with a utility bill as a second proof of address. As a courtesy. To help expedite on proof of who I am. They keep telling me someone from fraud will call me. To tell me how I can go... Read more »

Ian B. Lyngklip
Ian B. Lyngklip answered on Jan 25, 2021

If they are telling you that there is a problem with ChexSystems, there are two problems. The first problem is that ChexSystems is a credit reporting agency that publishes data relating to bank and checking accounts. The major banks report NSF checks to ChexSystems, and that agency regularly... Read more »

2 Answers | Asked in Banking, Employment Discrimination and Employment Law for California on
Q: My husband has worked 25 years as a external wholesaler for the biggest privately held mutual fund company’s in the U.S

In 2009 the company moved us across the country to Iowa to take over that state due to the financial crisis 2008/2009.

Since then my Husband has tried for 7 employment opportunities within the company , out of the state Iowa . He has been let down 7 times. Not because of his ability, but... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 1, 2021

Unfortunately, your post was placed in a California Q&A board, but you are going to have to get guidance from an Iowa attorney. I would suggest your husband locate and consult with an Iowa employment law attorney to discuss his issues.

Good luck to you.

View More Answers

2 Answers | Asked in Consumer Law and Banking for California on
Q: My bank paid a $50,000 auto loan to a fraudulent dealer. Does the bank have liability?

My bank paid a $50,000 auto loan to a fraudulent dealer. The money was misdirected to a different business name that I did not authorize. My bank has told me that no fraud occurred and that I should pay the loan anyway. I believe that the bank has mishandled the transaction and did not perform the... Read more »

Yelena Gurevich
Yelena Gurevich answered on Dec 29, 2020

This is not a quick answer by any means. This would require that you consult with and likely hire the lawyer to review all the documents and facts to determine your legal rights and options. Feel free to schedule an appointment to discuss in detail.

View More Answers

1 Answer | Asked in Real Estate Law, Contracts, Banking and Business Law for California on
Q: Is it normal for a property management company to charge 20% of gross profit (including cleaning fee)

Then again charge for the cleaning fee separate?

Layered out like this.

Total reservation (including cleaning fee) = $1,500 - total direct deposited into owners account

Property manager charges “20% of gross profit from TPHR” = $300

Cleaning fee $150 = $150 x 2... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 2, 2020

It would seem to me that since the cleaning fee is charged to occupant separate from rental fee the PM is entitled to the percent times the rental fee and not both, otherwise this is taking the 20% on the cleaning fee twice. But you may have agreed to allow them to do it, look at your contract.... Read more »

1 Answer | Asked in Banking, Estate Planning, Real Estate Law and Elder Law for California on
Q: What happens, and what documents will a mortgage loan servicer require when death of a spouse/co-borrower is reported?

Mother died recently. No probate. Father & mother (married) both co-borrowers (father was primary) on principal residence they owned as trustees.

Home is in revocable living trust. Mother & father are the grantors, father is successor trustee. I am sole beneficiary. No one else is... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 28, 2020

So this goes with the other question posted in probate. Apparently this check comes from an escrow on a refi and is a one time deal. Your other post said there was a joint account. Deposit the check there. The old lender is no longer involved once paid off and does not need any additional... Read more »

1 Answer | Asked in Estate Planning, Banking, Elder Law and Probate for California on
Q: Is it possible for a widower to cash a check made out to him and his deceased wife?

My elderly father is receiving a check, titled to him and my deceased mother/his wife. It is titled using AND, not OR, meaning both signatures are required.

They are the grantors of their living revocable trust, and were the only two trustees. Father became successor trustee. I am sole... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 28, 2020

What is not clear from your post is who is the maker on the check? You provide so much extraneous information that is sounds like the check is coming from the trust that your father is the trustee on. But that makes no sense. IMO you should go to the maker of the check and request that the check... Read more »

1 Answer | Asked in Estate Planning, Banking and Elder Law for California on
Q: Can a check made out to the sole trustee of a revocable living trust be cashed without a trust account?

Elderly father received check after home refi. It’s made out to him as: “Name, as trustee of the abc trust”. It cannot be reissued.

Trust is a revocable living trust. Mother and father were the grantors and only 2 trustees. Mother passed away, father is sole trustee now (successor). I... Read more »

James Edward Berge
James Edward Berge answered on Oct 27, 2020

It’s a common situation, but every bank and credit union and other financial institution has its own rules. My experience as an estate planning specialist with over 25 years in the field is to simply have your dad endorse the check on the reverse side as follows: “For deposit only”, and then... Read more »

1 Answer | Asked in Banking and Contracts for California on
Q: Hello I returned a car lease and am being charged for the car being sold for less it’s value

I returned a lease and took another one from the same dealership when they returned the car to the finance co the car was sold for less then the car is worth and now I am being charged for the difference the dealership is saying it’s not their problem am I responsible for the difference

Maurice Mandel II
Maurice Mandel II answered on Oct 26, 2020

You need to review the terms of your original lease and/or financing agreement. When you return a car at the end of he lease you are at the mercy of the dealer/financing agent, who sell the car at the easiest price to obtain, usually at a dealer's auction where the cars go for a fraction of... Read more »

2 Answers | Asked in Estate Planning, Banking and Probate for California on
Q: I have a check from PayPal from a deceased relative's accounts. The check is drawn from a Wells Fargo account.

I submitted the California Small Estate Affidavit to PayPal with a notary attachment. However, the check was made out in my deceased relative's name only. Which is not how other checks have been made out.

Two banks that I do business with, including Wells Fargo, have declined to... Read more »

John B. Palley
John B. Palley answered on Oct 7, 2020

I would send it back to PayPal along with a California Small Estate Affidavit (free forms online) filled out by the person who legally is the next of kin (or beneficiary of a will if there is a will). Ask them to re-issue to the correct person or persons. Good luck.

View More Answers

2 Answers | Asked in Employment Law and Banking for California on
Q: Co worker called and asked to do something that would have violated our ethics policy. I said yes. Can I be fired?

I was off the clock. Co worker called me at home. Asked about breaking the ethics rule. I told him if there was nothing else he could do then go ahead. Can I be fired with him if it comes to that? I did not commit the violation but I basically gave the green light.

Maurice Mandel II
Maurice Mandel II answered on Sep 16, 2020

Can you be fired? Maybe. Insufficient information to make a determination since not possible to tell what kind of rule you are talking about, or that you advocated co worker to break. Does not matter if you are on or off the clock if you are advocating breaking the ethics rules. Ethics do not... Read more »

View More Answers

1 Answer | Asked in Banking, Business Law and Tax Law for California on
Q: Federal & State taxes paid monthly or annually? And finally, the funds collected in crowdfunding services include taxes?
Maurice Mandel II
Maurice Mandel II answered on Sep 8, 2020

Yes to Question 1. Look at the contract for Q2. You used up all your questions. Taxes? Which Taxes? Sales Tax? Property Tax? Income tax? Employment Tax? Perhaps you need to discuss your matters with a Tax attorney or an accountant.

Justia disclaimers below, incorporated herein.

3 Answers | Asked in Bankruptcy, Family Law, Banking and Child Custody for California on
Q: My sister forged my signiture on power of attorney papers
Timothy Denison
Timothy Denison answered on Sep 7, 2020

What is your question.

View More Answers

1 Answer | Asked in Banking and Collections for California on
Q: In relation to a car note

I made a payment a few days late (about 3 days)

And wasn't aware a late fee was applied so after making the standard payment I was hit with a 30 day late payment Even though I only didn't pay the late fee

Maurice Mandel II
Maurice Mandel II answered on Aug 25, 2020

This is not banking, it is Contracts. Contact your bank, see what you can work out. Get out your loan documents and read them carefully, maybe the bank made a mistake. It happens. Negotiate with them to get some relief.

Justia disclaimers below, incorporated herein.

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.