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California Banking Questions & Answers
1 Answer | Asked in Banking for California on
Q: My online bank account has been closed by the bank which had a bal

A merchant had refunded me $1400 and Bank wanted a receipt which I couldn’t find so they said it was suspicious the ac ount has been closed since 2019 and every month they take out a monthly fee if $8.95 and will not stop or give me the money back is there anything I can do

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 21, 2023

If your online bank account has been closed by the bank and they are continuing to charge you a monthly fee, you may want to consider taking the following steps:

Contact the bank: Reach out to the bank's customer service department and explain the situation. Ask why they closed your...
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1 Answer | Asked in Banking for California on
Q: Merchant threatening me on credit card dispute

I booked my round trip flights ona third party website ,I could use only partial trip and could not use the return journey as i was not feeling,Modifications were expensive hence i requested for cancellation to claim insurance but they were adamant about it and did not cancel my return ticket, as a... Read more »

James L. Arrasmith
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answered on Feb 27, 2023

It is not uncommon for merchants to become upset or frustrated when a customer initiates a credit card dispute. However, it is important to remember that you have a legal right to dispute a charge if you believe it is incorrect or unauthorized.

If the merchant is threatening legal action...
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2 Answers | Asked in Probate and Banking for California on
Q: Does the bank have to give me access to my mothers account since I’m the only here next of kin or beneficiary
James L. Arrasmith
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answered on Feb 24, 2023

If your mother has passed away and you are the only next of kin or beneficiary, the bank may give you access to your mother's account depending on various factors such as the type of account, the bank's policies, and the amount of funds involved.

In California, the bank may...
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1 Answer | Asked in Banking and Business Law for California on
Q: I had bank fraud on my account filed a dispute and they declined it

So I found out that I had fraud on my account and they wiped it all out. I filed a claim with my bank but they ended up changing names when it was in the process. And when I went back in to ask they said they couldn’t find it so they had to do it again. But within 3 days they declined it. Even... Read more »

James L. Arrasmith
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answered on Feb 20, 2023

If you have experienced bank fraud on your account and your bank has declined your dispute, there are several options available to you in California.

First, you can file a complaint with the Consumer Financial Protection Bureau (CFPB) or the Office of the Comptroller of the Currency (OCC),...
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1 Answer | Asked in Banking and Criminal Law for California on
Q: My friends are being investigated for a crime and the public thinks I’m part of it but I actually am not at all.

My friends are being investigated for wire fraud and articles have been made about them being scammers. He is my childhood friend and we happen to be in a similar industry. The public thinks that we are in business together because we are friends but we aren’t at all. We post pictures together a... Read more »

James L. Arrasmith
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answered on Feb 20, 2023

If you are not involved in the crime and have no connection to it, the police should not come for you as a suspect. It is possible that they may want to speak with you to gather information or clarify your relationship with your friend, but they should not treat you as a suspect. However, if you... Read more »

1 Answer | Asked in Consumer Law and Banking for California on
Q: Due to a credit card debt, my bank account is likely to be soon levied.

Can someone assist me in filling out the exemption form (account has less than $1788 in it).

James L. Arrasmith
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answered on Feb 20, 2023

Contact the agency or creditor that plans to levy your bank account to ask if there is an exemption form you can use.

Check the exemptions available in your state or county. You may be able to claim exemptions for certain types of property, such as household goods or tools of the trade, or...
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1 Answer | Asked in Banking for California on
Q: Is it legal for an online bank to keep and not send you a replacement debit card and keep your money froze for 10 months

The money that they won't release to me by the way was one of mine deposited in my account to live on. I have the account number that I had give

n them and they just told me over the phone on 2/8/2023 that they no longer have that number. I really need your help. Thank you, Dianna

James L. Arrasmith
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answered on Feb 20, 2023

It is not legal for a bank to keep your money frozen for an extended period of time without a valid reason or explanation. Additionally, failing to send a replacement debit card without justification is also not acceptable. You should contact the bank's customer service and request a full... Read more »

1 Answer | Asked in Banking, Business Law, Contracts and Tax Law for California on
Q: Can our business partner have his accountant amend our 2021 taxes for an LLC without our consent?

We (our LLC) formed a multi-member LLC with another partner (an individual) to renovate and sell homes in CA. In 2021 the business incurred a number of expenses renovating a home starting in Oct. The renovation was completed and sold August of 2022. Our LLC taxes were completed in 2021 for 2021.... Read more »

James L. Arrasmith
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answered on Feb 19, 2023

As a member of a multi-member LLC, your business partner does not have the authority to unilaterally amend the LLC's tax return without the consent of all members. Generally, all members of an LLC must approve any changes to the LLC's tax filings. Additionally, if your LLC has a written... Read more »

2 Answers | Asked in Collections and Banking for California on
Q: Can a Credit One bank call my work twice & tell 2 different random people that they are going to serve me with papers

Also told then if I am not at work they will speak with a judge? I currently have Covid & am not at work. I work in a medical facility & numerous people answer phones there. I live in California. My current debt with them is roughly 1200.00

James L. Arrasmith
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answered on Feb 20, 2023

It's illegal for a debt collector to disclose information about your debt or threaten to take legal action against you to anyone other than you or your attorney. This includes contacting your employer or coworkers about your debt.

Under the Fair Debt Collection Practices Act (FDCPA),...
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1 Answer | Asked in Consumer Law and Banking for California on
Q: My credit card issuer has stopped sending me monthly statements and bills, actually all correspondence and is now is cha

rging me interest and fees for unpaid bills. What is my recourse?

Scott Richard Kaufman
Scott Richard Kaufman
answered on Dec 31, 2022

AND almost assuredly dinging your credit score too.

Talk to an attorney who handles this type of issue,

either FCRA or FDCPA or both...

1 Answer | Asked in Criminal Law and Banking for California on
Q: Can you report fraud to your bank if the purchase wasn't entirely legal?

Hypothetically, if one were to have purchased psilocybin mushrooms through a website and paid through Zelle, and then found out the website was a scam, could you get in trouble with the law for reporting the bank fraud?

Dale S. Gribow
Dale S. Gribow
answered on Dec 23, 2022

the answer is, IT DEPENDS........

if the bank notifies the police you could possibly have problems.

1 Answer | Asked in Banking, Civil Litigation and Probate for California on
Q: If a trust lists a bank account, but the account is not titled as a trust account, can the bank give it to the trust?

The account was over the limit for small estates. Titled as single owner no POD. NO Heggstad petition. Does this account remain the property of the estate or can a bank legally give the money to the trust without court approval.?

Howard E. Kane
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Howard E. Kane
answered on Nov 17, 2022

The bank will not turn over the funds to the Trust absent a court order. Through a Heggstad petition, you can ask the court to fund the bank account into the trust. Since the trust lists this account, a Heggstad should be granted. Unfortunately, in Alameda County, it takes around 9 months to... Read more »

1 Answer | Asked in Banking, Business Law and Civil Litigation for California on
Q: Can a retail bank, whose negligence enabled a fraudulent withdrawal from my account, be sued in small claims court?

An identity thief impersonating me was able to withdraw 8K from my account at a Chase Bank branch. The thief could pull off the ruse because he had my ATM card and he knew both my password and, equally important, the provision of Chase policy that caps 8K as the maximum sum withdrawable without ID.... Read more »

James R. Dickinson
James R. Dickinson
answered on Nov 16, 2022

More information is needed. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Consumer Law, Criminal Law, Banking and Internet Law for California on
Q: If a corporation knowingly or should have reasonably known used false documents to remove funds from my bank acct.

A USPS tracking number for a 12oz package that is not the item I purchased. Delivered to an address other than the address I provided was used to claim I had received my purchase that weighed 144lbs which is over the maximum weight limit of 70lbs for delivery by the USPS. Not receiving my purchase... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Nov 9, 2022

Certainly sounds like they screwed up.

However, I think the pivotal issue will be costs.

this is not the type of case most lawyers would consider accepting on a contingency.

thus you will be paying a lawyer for his/her time...and that is costly.

3 Answers | Asked in Banking and Bankruptcy for California on
Q: I'm high I live in California I want to know what's the steps for filing bankruptcy

I got married last and I want to be able to since the

owe debts between $20,000 to $35, 000 and I have no income only my husband said he cannot afford to pay that

Harlene Miller
Harlene Miller
answered on Oct 10, 2022

Suggest you consult with a bankruptcy attorney in your area to analyze ability to file a chapter 7 in order to discharge the debt. You may find one on this site. Another option is checking with local bankruptcy court for possible Legal Clinic in your area for assistance.

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1 Answer | Asked in Banking, Estate Planning and Probate for California on
Q: California small estate affadavit

I have financial power of attorney for my adult son. He is next of KIN to his father who just passed away. His only son. He had no estate. I am trying to have his fathers 401K tranistioned to an inherited IRA. I sent all the paperwork, POA etc to to the company. They require a California small... Read more »

Julie King
Julie King
answered on Oct 4, 2022

You can sign a California Small Estate Affidavit in Texas, so long as you have a Texas notary notarize your signature. Best wishes!

1 Answer | Asked in Banking, Business Law, Civil Litigation and Consumer Law for California on
Q: Anti trust and Consumer Laws being broken by Apple Inc. How to bring a case against Apple, it’s Euro subsidiary Company?

Breach of Data, Breach of Privacy by use of force of aggravated identity theft which has resulted in online bank account financial theft.

James R. Dickinson
James R. Dickinson
answered on Oct 4, 2022

More information is needed.

1 Answer | Asked in Tax Law, Banking and Collections for California on
Q: Can California FTB levy my parents bank account if I'm added to the account?

My mother just died and my father wants to add me to his bank account incase something happens to him so I'll be able to pay the bills and have access to his money once he dies. I owe the Cal FTB 25K and they have levied my bank account earlier this year and took around 1200 from previous... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Oct 1, 2022

Yes they can. And while you might be able to get it back, it’s not worth it.

Simply get a power of attorney form from the bank and have your dad add you as a POD beneficiary on the account.

2 Answers | Asked in Banking, Business Formation and Business Law for California on
Q: I just started a non-profit LLC company so what are the next steps in legally keeping my company in good standing?

Beginning of this month I filed my articles of incorporation and today the Secretary of State of California approved the articles of incorporation and I am unsure what to do next?

Matthew Morris
Matthew Morris
answered on Sep 24, 2022

Congratulations on starting your nonprofit. You have chosen an unusual path by using the LLC formation method. One of the first things you will likely want to do is to file a "statement of information" with the Secretary of State -- usually within about 90 days from when you filed your... Read more »

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1 Answer | Asked in Banking, Gov & Administrative Law and Public Benefits for California on
Q: Can the government (EDD) garnish federal student loan money, if it's my only source of income?

I know the government can garnish your bank account or paycheck, but what if your only source of income *is* the government (e.g. unemployment, welfare, federal student loans)?

Can/do they still garnish the funds?

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

A loan is not income. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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