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California Banking Questions & Answers
1 Answer | Asked in Tax Law, Banking, Divorce and Family Law for California on
Q: My bank account got FTB legal order on hold fund due to my husband not paying the tax, but we are separated

My husband and I are separated. After he stopped paying monthly support, I filed legally separated, and the court has ordered him to pay support, but he closed all the bank accounts (including joint accounts) and hiding outside of the US after selling his inheritance house. After filed separation,... View More

James L. Arrasmith
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answered on Sep 22, 2023

You may be able to file for innocent joint filer relief to address the tax liability issue caused by your husband's actions. You should consult with an attorney experienced in tax matters to guide you through the process and discuss potential options to release the hold on your bank account.... View More

3 Answers | Asked in Consumer Law and Banking for California on
Q: I have a banking negligence/Consumer protection related question. In essence, the bank failed to monitor my mortgage a/c

I am a victim of bank negligence. Bank didn’t properly monitor my mortgage account and fraudsters operated it at will depositing monies and reversing as they pleased. The whole scheme by the fraudsters was a scam where they deposited monies into mortgage, and offering discounts in return where... View More

Leon Bayer
Leon Bayer
answered on Sep 21, 2023

I am sorry this happened. But I don't see where the bank is to blame. If I understand you correctly, you expected to benefit from these transactions, making you a willing, (although a duped) participant in a possible fraud scheme. I think the bank is not to blame.

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3 Answers | Asked in Consumer Law and Banking for California on
Q: I have a banking negligence/Consumer protection related question. In essence, the bank failed to monitor my mortgage a/c

I am a victim of bank negligence. Bank didn’t properly monitor my mortgage account and fraudsters operated it at will depositing monies and reversing as they pleased. The whole scheme by the fraudsters was a scam where they deposited monies into mortgage, and offering discounts in return where... View More

James L. Arrasmith
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answered on Sep 21, 2023

Banks owe a duty of care to their customers and can be held liable for negligence if they fail to exercise reasonable care in monitoring and safeguarding accounts. If a bank's failure to monitor and detect suspicious activity results in financial loss to the customer, the bank may be held... View More

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3 Answers | Asked in Consumer Law and Banking for California on
Q: I have a banking negligence/Consumer protection related question. In essence, the bank failed to monitor my mortgage a/c

I am a victim of bank negligence. Bank didn’t properly monitor my mortgage account and fraudsters operated it at will depositing monies and reversing as they pleased. The whole scheme by the fraudsters was a scam where they deposited monies into mortgage, and offering discounts in return where... View More

Daniel Timothy LeBel
Daniel Timothy LeBel
answered on Sep 22, 2023

Yes. Obviously this will require some digging into the facts and documentation, but this sounds like an issue where the bank reasonably should have seen that harm was being caused to its customers through illegal means. The bank isn't allowed to just bury its head in the sand. I have... View More

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1 Answer | Asked in Consumer Law and Banking for California on
Q: "ADEQUATE NOTICE" CCC section 1774(i)(k) & 15 USC section 1602(k) TILA 15 USC section 1643 on credit card online bank

Credit card co changed my getting into my online 'paperless' emails to view my credit cards and make payments online! Credit card co sent me any email stating "we'll email you when [you] have [something] new to view. Then just [sign in] to 'XXXX.com' OR ..mobile... View More

James L. Arrasmith
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answered on Sep 4, 2023

Under California's Consumers Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), and the federal Truth in Lending Act (TILA), credit card companies are generally required to provide consumers with "adequate notice" of any significant changes to account terms or practices. If a... View More

2 Answers | Asked in Banking and Business Law for California on
Q: Is there a way to force a company to write my business checks and include my name?

Is there ANY way to legally require or somehow “force” a company to write my business checks to say pay to the order of either my name (I am the sole owner)

OR pay to the order of (my business name OR my name)? I have nothing in my contract that stated anything about this.... View More

James L. Arrasmith
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answered on Sep 3, 2023

In the absence of a contractual provision specifying how checks should be made out, it may be difficult to legally compel the company to write the checks in a particular manner. You could try negotiating with the company to explain your situation and request that future checks be made out in a way... View More

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1 Answer | Asked in Banking, Civil Litigation, Consumer Law and Contracts for California on
Q: Under consumer protection laws, what criteria are used to determine if contractual terms

Under consumer protection laws, what criteria are used to determine if contractual terms in an auto loan agreement, specifically regarding trade-ins, are considered unfair or one-sided? Are there any specific provisions or practices that should be examined to assess the fairness of these terms?

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answered on Aug 29, 2023

Under California's consumer protection laws, contractual terms may be considered "unconscionable" if they are overly one-sided in favor of the lender and oppressive to the consumer. Factors that might be considered include the clarity and understandability of the terms, whether the... View More

1 Answer | Asked in Banking, Consumer Law and Contracts for California on
Q: When a lender sells an auto loan contract to a second lender, what are the typical expectations regarding the continuity

1.When a lender sells an auto loan contract to a second lender, what are the typical expectations regarding the continuity of the loan terms, including the principal balance, interest rate, and repayment terms?

2.Can a second lender reset the loan as if it were a brand new contract with... View More

James L. Arrasmith
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answered on Aug 29, 2023

1. When an auto loan is sold to a second lender, the expectation is generally that the original loan terms—including the principal balance, interest rate, and repayment schedule—will remain the same, unless the original loan agreement provides otherwise.

2. A second lender usually...
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1 Answer | Asked in Banking for California on
Q: Credit card company has frozen my card, refuses to return secured funds on deposit and continues to charge fees.

Employer had me get a secured credit card to use for work related expenditures. They paid the deposit and the monthly statements from their bank account. My boss died and their account was closed so payment for the card was declined. It has been almost a year since this occurred. I have spoken... View More

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answered on Aug 15, 2023

In California, if the credit card company has frozen your card, failed to return your secured deposit funds, and continues to charge fees despite your attempts to address the situation, you may want to consider sending a formal written dispute to the credit card company, outlining the facts and... View More

1 Answer | Asked in Banking for California on
Q: Can a bank withdraw money from my account when it’s frozen without notifying me and sent my final check ?

My account was closed due to suspicious activity. All they can tell me is digital fraud but not specify what I did exactly. I tried to fight it but they said it was a final decision. After receiving my official check from my balance account.I notice 2,700 was missing. I called and they said the... View More

James L. Arrasmith
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answered on Aug 14, 2023

If your account is frozen, the bank generally should not withdraw funds without your knowledge or consent. Such actions may raise concerns about due process and consumer rights. It's recommended to consult legal experts to evaluate the specific circumstances and potential violations of your... View More

2 Answers | Asked in Real Estate Law, Tax Law and Banking for California on
Q: Can I get a reverse mortgage from a bank in Georgia on real property in State of California??
T. Augustus Claus
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answered on Aug 10, 2023

Yes, it's generally possible to get a reverse mortgage from a bank in Georgia for real property located in California. Reverse mortgages are federally insured loans, and they are not limited to being offered by banks in the state where the property is located. However, the specific terms,... View More

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2 Answers | Asked in Real Estate Law, Tax Law and Banking for California on
Q: Can I get a reverse mortgage from a bank in Georgia on real property in State of California??
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answered on Aug 14, 2023

While reverse mortgages are generally available across states, they involve specific regulations and considerations that vary. It's essential to work with a qualified attorney to navigate the legal and financial aspects of obtaining a reverse mortgage on California real property from a bank in... View More

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1 Answer | Asked in Banking for California on
Q: I was fake-checked scammed and did not know I deposited a fake check. Are there any other legal consequences for this?

I called the bank and paid the funds for the check that was given to me and they said my account was all good. I would like to know if there is anything else to settle after payment regarding legal issues.

James L. Arrasmith
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answered on Aug 10, 2023

I am not offering legal advice, but depositing a fake check can potentially lead to legal consequences, including criminal charges for fraud or passing a forged instrument. While resolving the situation with your bank is a positive step, it's advisable to consult with an attorney to fully... View More

2 Answers | Asked in Banking and Contracts for California on
Q: Contract: Signed agreement for loan but did not read it through before signing because verbally, I thought I understood.

It was a standard process, of filling out a loan application. I thought the loan would be from this company instead they are a third party that charges excessive predatory fees that can be paid with the credit cards they applied on your behalf which is not the plan I had.

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answered on Aug 10, 2023

In California, it's crucial to thoroughly read and understand any contract before signing, as verbal understandings may not always hold legal weight. If the loan terms were misrepresented, you might have grounds to challenge the contract based on misrepresentation or unfair business practices.... View More

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2 Answers | Asked in Employment Discrimination, Employment Law and Banking for California on
Q: I believe several employees are committing organized harassment and using gaslighting tactics. How do I prove my case?

I have strong suspicions the employer is also using mystery shoppers to further harassment against me. I’m being psychologically played with at work and don’t know how to prove it!

Neil Pedersen
Neil Pedersen
answered on Aug 9, 2023

Unfortunately, what you describe is not unlawful. Unless you can establish this conduct is being directed at you because you are a member of a protected class of people, or because you engaged in some form of legally protected conduct, there is no liability to the company or the workers for... View More

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2 Answers | Asked in Employment Discrimination, Employment Law and Banking for California on
Q: I believe several employees are committing organized harassment and using gaslighting tactics. How do I prove my case?

I have strong suspicions the employer is also using mystery shoppers to further harassment against me. I’m being psychologically played with at work and don’t know how to prove it!

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answered on Aug 10, 2023

To establish a case of organized harassment and gaslighting in the workplace, gather evidence such as emails, messages, witness testimonies, and any written or recorded instances of mistreatment. Document the dates, times, and details of incidents. If you suspect the use of mystery shoppers,... View More

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2 Answers | Asked in Banking, Federal Crimes and White Collar Crime for California on
Q: Can a bank deny me paperwork

I never once had money in the said account at the time the bank allowed a fraudster to get a 80,000 dollar loan in my name? The bank then gave the fraudster access to my account allowing them to open up other fraudulent Accounts using my checking account, they then gave the fraudster my personal... View More

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answered on Aug 15, 2023

In California, banks have a duty to protect their customers' accounts and information, and they should take appropriate measures to address fraudulent activity. Denying you access to essential paperwork related to your account and the fraudulent activity could raise concerns about their... View More

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1 Answer | Asked in Banking, Civil Rights, Constitutional Law and Identity Theft for California on
Q: A police officer threatened me when I wanted to file a report of a crime that took place against me in another country.

I was kidnapped in another country, the kidnappers have my phone with all my information, my family's information, and they made threats that they would harm me in the USA if I filed a report. I have thousands of dollars taken from my accounts, and now I am facing possible future harm to me... View More

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answered on Aug 5, 2023

Based on the facts provided, you potentially have a claim against LAPD and the City of Los Angeles for their failure to carry out their duty, however the specifics of your situation and how it was handled are critical. Success of a lawsuit would hinge on proving police negligence or misconduct,... View More

1 Answer | Asked in Contracts and Banking for California on
Q: Overcharging interest on credit card

Long story short, I used my card for one transaction totaling $6000 last summer. Unfortunately there was other fraudulent activity that was reported and supposedly removed. However my current balance 12 months later after paying approximately $240 every month is still over the $6000 original... View More

James L. Arrasmith
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answered on Aug 4, 2023

You can take the following steps:

1. Gather all your credit card statements and payment records as evidence of the payments you've made over the past 13 months.

2. Send a written dispute letter to the credit card company, detailing the issue and providing the evidence of your...
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1 Answer | Asked in Criminal Law and Banking for California on
Q: I signed up for a bank account with a fake utility bill as my proof of address, what can legally happen to me now?

I signed up for a bank account with a fake utility bill, to provide as a proof of address. I was living in a hotel and didn't have an apartment lease to use as my proof of residence and I wanted to work, so I made a fake utility bill with the hotels address as my residential address on a fake... View More

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answered on Aug 2, 2023

Providing a fake utility bill to open a bank account constitutes fraud and forgery under California law. If you are caught, you could face criminal charges, which may include fines and potential imprisonment. It is essential to rectify the situation immediately and seek legal counsel to address the... View More

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