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California Banking Questions & Answers
1 Answer | Asked in Family Law, Banking, Child Custody and Probate for California on
Q: What do I have to do to get money out of a court blocked account?

My name is Elijah I am 21, I live in Los Angeles, CA. Mother died in 2008 when I was a minor and soon after my grandmother was named my guardian and a bank account of some of my mother's money was set up for me by the court. I went to Bank of America and they told me I have to get a document... Read more »

James Edward Berge
James Edward Berge answered on Jul 8, 2020

This self-help guide from Sacramento County should help you, even in Los Angeles County.

https://saclaw.org/wp-content/uploads/sbs-withdrawing-funds-from-a-blocked-account.pdf

Good luck!

1 Answer | Asked in Banking for California on
Q: Can i be sued by a bank for a default that happened over 10 yrs ago?

I was contacted saying i am being taken to court by a bank for a default that happened in december of 2010. I do not ever recall having this bank, and cannot find anything on line about it, but they have said they tried to contact me previously which i have never received. Can this "bank"... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 19, 2020

You are not saying what type of debt they allege (consumer, commercial, line of credit, credit card), but if the default took place ten years ago and you did not acknowledge the debt during that time, most probably the statute of limitations would not allow the claim to be filed in court, or it... Read more »

1 Answer | Asked in Banking for California on
Q: What type of lawyer do I need for Intestate death laws in California?

My father passed without a will or testament and has a surviving legal spouse, and two alive children. The Ex-Wife of my father had POA before he passed away and transfered all of the funds from his account to her personal accounts. She then notified the bank who closed his accounts only after she... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 18, 2020

You need to contact a Estate/Probate attorney. A power of attorney terminates upon the death of the grantor. If there were any transfers of money after the grantor's death you need to obtain evidence of this through a subpoena issued to the bank or banks where the accounts were held. For this... Read more »

4 Answers | Asked in Banking and Bankruptcy for California on
Q: Objectively, can creditors in Chapter 7 garnish checking account money from State and Government benefits?

Benefits including Social Security, stimulus check and Unemployment Insurance due to Covid-19 in California.

Harlene Miller
Harlene Miller answered on Jun 15, 2020

Question not specific. Are you currently in a chapter 7 bankruptcy case? If so, creditors are stayed from collecting from you - no matter what the source of the funds. Upon filing a bankruptcy, any garnishment in place is stopped. Talk with your bankruptcy attorney - hopefully you have one... Read more »

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4 Answers | Asked in Banking and Bankruptcy for California on
Q: Hello, I am receiving unemployment insurance in my checking account after the 341 meeting of creditors chapter 7 in Ca

No creditor showed up for my 341 meeting. Can they still take money from my checking account? Thanks!

Harlene Miller
Harlene Miller answered on Jun 15, 2020

So long as you listed all of your creditors, they are controlled by your bankruptcy and the automatic stay that stops them from trying to collect from you or take money from your checking account. Be sure that if a creditor had a judgment against you, which would have allowed them to levy your... Read more »

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2 Answers | Asked in Estate Planning and Banking for California on
Q: Can I go after step sister for embezzlement from step mother stealing my trust fund in 2013

she gave my trust to step daughter and grandson forged my name on it.

Zaher Fallahi
Zaher Fallahi answered on Jun 13, 2020

I would consult a criminal defense attorney before filing embezzlement case against another person. I hope this helps. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: The information provided here is not intended for and may not be construed as solicitation, or legal and tax advice....
Read more »

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3 Answers | Asked in Consumer Law, Banking, Business Law and Civil Rights for California on
Q: I purchased my prom dress in full cash, but they said no refunds however it’s been two months since I was supposed to ge

I paid in full cash in March and it was supposed to be picked up my mid March but then everything closed, they now want me to pick it up but prom is over and I was supposed to receive it months ago. How do I get my refund.

Louis George Fazzi
Louis George Fazzi answered on Jun 11, 2020

If they refuse to give you a refund even considering you were never able to use the dress and they failed to deliver when it was due, it seems you have at least two choices available to you. 1. Take possession of the dress to use at a later date, or so you can sell it to someone who can later make... Read more »

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1 Answer | Asked in Banking and Consumer Law for California on
Q: Dealing with a debt settlement company. Switched companies mid payments. Now full debt is back in creditors hands.

Made a settlement agreement and made first payment. A week later went to make a final payoff but was told it was moved to another debt collector. The new debt collector said they would look into the agreement and now a month later the original creditor took back the debt and said they will not make... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on May 30, 2020

Sorry for your issues. You either HAVE an agreement or you do not have one.

This sounds like statutory unfair debt collection.

I like Attorney Mike Cardoza for these types of cases.

Please tell Mike I said "hello."

1 Answer | Asked in Banking for California on
Q: Can a bank/credit union not let you close an account?

Trying to fix my credit, found that Logix was tagging my credit, called to find out info, found out I still have a saving account with them and my credit card got charged off, but that they either don’t or won’t give me any info, like statements or last bill on the credit account, it says it 7... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 29, 2020

Yes. As long as you still owe the bank or credit union any amount of money they are entitled to keep trying to collect their money--forever. Just because your bank or credit union decides to charge off the financial loss caused by you does not mean that you no longer owe them any money. (Note: If... Read more »

1 Answer | Asked in Banking, Federal Crimes and International Law for California on
Q: Is what I am doing considered as structuring or smurfing?

Question answered. Thanks

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 13, 2020

Although you probably do not know it, you are operating a small business in California. And since your small business involves currency trades you may be violation federal or state law doing what you are doing for a living.

And BTW, in today's brave new world of super high-tech...
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1 Answer | Asked in Business Law and Banking for California on
Q: Can I sell CDs like a traditional bank or brokerage?

I have a pretty long trading history, and I'd say I have a certain level of expertise when it comes to trading.

I recently had the idea of selling CDs (Certificate of Deposit(s)) to potential clients.

How a trade might work out:

A client puts up $10,000, locked in for... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 8, 2020

What you are trying to do is illegal in every state I am aware of. And depending on the amounts of money involved this plan could get you some jail time.

I once represented a person who thought he was a very sophisticated investor and decided to issue some home-made "notes" (I...
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1 Answer | Asked in Banking, Business Formation, Business Law and Civil Litigation for California on
Q: Can a lawyer also be a famous public figure?
Tim Akpinar
Tim Akpinar answered on Apr 29, 2020

Yes. Think of defense attorneys you see on television in high-profile cases. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law, Banking and Probate for California on
Q: I’m the trustee for a special needs trust the beneficiary is my sister inlaw

I am trustee my husband is co trustee of his mothers trust and each share one half the sisters half will be a 3 party SNT FOR 21 years she was not on ssi age 37, she suffered from depression and her mom was worried and wanted to make sure she would qualify for assistance. I am the executor /... Read more »

Bill Sweeney
Bill Sweeney answered on Apr 28, 2020

A California special needs trust that has been validly created avoids probate. Pursuant to the provisions of the special needs trust, a trustee has a fiduciary responsibility for the management of trust assets. A breach of that responsibility can create liability for the trustee. If the special... Read more »

1 Answer | Asked in Banking and Business Formation for California on
Q: How much would Patrick Moimoi sell his brand name Oua
Tim Akpinar
Tim Akpinar answered on Apr 1, 2020

It's unlikely that anyone here would know that. Good luck

Tim Akpinar

1 Answer | Asked in Banking for California on
Q: Can a lawyer open up a bank account for me in the USA? I'm foreign and need a USD account.

I'm Swiss, living and working in Mexico. I need urgently a USD account for my business (not company but registered as physical person with economical activity in Mexico). Is it possible to hire an attorney (or someone else) to open up a bank account in my name in the USA?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 26, 2020

What you are asking for is fraught with suspicion--and possible danger--both for you and for any lawyer willing to try to help you. There are legitimate ways for foreigners to hire lawyers in the United States; I have several international clients. And there are also ways that the lawyer you hire... Read more »

1 Answer | Asked in Tax Law and Banking for California on
Q: What should I do, what to expect after depositing 85,000 usd in my checking account ?

Hello, In 2005 I left the US and a safe deposit box with 85,000 dollars in cash (old 50 and 100 dollar bills) at a bank. That particular branch closed on 2018 and the bank drilled my box. The bank has asked me to notarize at a US embassy a written petition to deposit the funds into my checking... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 9, 2020

Any banking lawyer--in any state--who is also an Enrolled Agent at the IRS can contact the IRS on behalf of a client anonymously and inquire about this very unusual situation. Try contacting some banking lawyers here on Justia and ask them if they are an Enrolled Agent; request anonymity and then... Read more »

2 Answers | Asked in Banking and Contracts for California on
Q: Looking for a Lawyer to accept and sign documents in behalf of a Canadian Bank.

I am inquiring if your office can accommodate our request.

Our company is currently finalizing some requirements with a Canadian Bank and they are asking if a Lawyer can witness and sign in their behalf since they are not here to personally accept the documents.

Is this something... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 3, 2020

This is a scam.

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1 Answer | Asked in Elder Law and Banking for California on
Q: My mom died in 2018 and my dad been having problems ever since well let me start some lady put a name change on his home

And his money market fund this lady I think she work for well Fargo bank the same bank my dad has

Sally Bergman
Sally Bergman answered on Mar 2, 2020

If you suspect this woman is unduly influencing your father and/or is taking advantage of him financially, you should immediately contact Adult Protective Services. More information here: https://www.cityofmontclair.org/city-government/police-department/victim-information/elder-abuse

5 Answers | Asked in Banking and Bankruptcy for California on
Q: Bankruptcy and keep home?

Can we file bankruptcy and keep home?

Timothy Denison
Timothy Denison answered on Feb 27, 2020

Depends on home value, mortgages and equity in property. Those numbers are all needed for a ballpark guesstimate to answer your question.

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1 Answer | Asked in Tax Law and Banking for California on
Q: please introduce me a lawyer to be familiar with transferring the money from USA account to out of USA.
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 17, 2020

You need a very experienced former banking operations officer who is also an experienced international banking lawyer. They do not have to be a California lawyer because international bank law is the same everywhere. Search here on Justia using the Find A Lawyer tab at the top of any page.

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