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Florida Banking Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Banking and Military Law for Florida on
Q: I believe my car has been wrongfully repossessed, what should I do?

I am active duty member currently on deployment but coming home soon. Back in January my car got impounded for expired tags. I talked to the impound lot and explained the situation and they said they would hold my car till I got back from deployment. Now right when I am about to come home I found... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Apr 7, 2022

You are protected by the Servicemembers' Civil Relief Act, which protects military personnel from certain actions while deployed. You should contact the bank and assert the repossession was improper under the Act, especially since you were not past due and had made arrangements for you... Read more »

1 Answer | Asked in Banking for Florida on
Q: My Mom passed away in Jan. 2022. I want access the bank statements for the last year bank says I need a court order?

How do I accomplish this I live in FL, bank is in Oregon.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 22, 2022

Unless your name is on the bank account as a joint owner no bank will allow you or anyone else to access anything associated with your mother's account.

The "Court Order" they are talking about is an order of a probate judge, which means you must open a probate account....
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1 Answer | Asked in Banking and Contracts for Florida on
Q: If property that was financed was sold.

Out of state bank with communication problems, I sold items to survive...there are " many" items wrapped together on one loan , value over 100,000

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 5, 2022

Banks rarely take a security interest to secure personal property purchased with the loan proceeds. What is your question?

1 Answer | Asked in Contracts and Banking for Florida on
Q: Can car companies add a “market value increase” charge on my car buyout that is not in my original lease contract?

I recently went to my dealership to purchase my car and pay the rest of the lease off. The object was to not have a car payment any more. My husband and I estimated my total buyout and everything to be around 15,000 since my residual value is 11,000 and I still owe 2000 in lease payments plus tax,... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 18, 2022

Generally, if any important change is made to a contract without being part of the original contract, the change cannot be made.

However, without being able to read every page of your original contract plus read any other attachment addendums, or similar changes it is impossible to answer...
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1 Answer | Asked in Banking for Florida on
Q: Someone offered me a job of “Bitcoin trading” where I would act as a middle man between clients.

I would receive money from them, buy bitcoin, then send out the bitcoin to a wallet. I would receive a percentage from these transactions as a fee. Is this illegal in any sorts? Is it potentially fraud or money laundering?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 15, 2022

This is either a scam aimed at stealing from you or one of the thousands of money-laundering schemes that the Fed, the IRS, the FBI, and the DOJ are now busting.

2 Answers | Asked in Banking for Florida on
Q: Am I liable??

I got a check for a settlement deposited the same day the next day cleared Iused some founds and the 3 day payer putstop On the check saying they made a mistake.can I be liable for the money spent?

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 20, 2021

They settled a claim you had against them by cashing their check? Unless I understand you, it appears that you had every right to spend it.

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3 Answers | Asked in Contracts, Family Law, Banking and International Law for Florida on
Q: Bank account in Canada not honoring my contract.

It is joint with rights of survivorship, we specifically wanted to have access to it regardless if one of us died. Now the bank has frozen the accounts after I innocently mentioned to them of her passing since i thought i was in my right. They are saying that there is no rights of survivorship in... Read more »

David Luther Woodward
David Luther Woodward answered on Dec 18, 2021

Read the contract carefully.

The municipal law of Quebec is based on the Code Napoleon (like Louisiana) and cannot easily be compared to the common law of Florida.

I would suggest you hire a lawyer in Montreal (sometimes a notaire can handle this type of problem) and see if it...
Read more »

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2 Answers | Asked in Contracts, Estate Planning, Family Law and Banking for Florida on
Q: Hello, My mother who passed away 2 years ago and I opened a bank account in Montreal, Canada 8 years ago.

It is joint with rights of survivorship, we specifically wanted to have access to it regardless if one of us died. Now the bank has frozen the accounts after I innocently mentioned to them of her passing since i thought i was in my right. They are saying that there is no rights of survivorship in... Read more »

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Dec 15, 2021

You will need to contact a Canadian lawyer but I would definitely not rely on information from a bank employee.

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1 Answer | Asked in Estate Planning, Banking and Probate for Florida on
Q: What can I doto prove to banks that POA can close CD'S in trust and transfer to trust acc. grantor, bank,trust is in FL

Grantor is in assisted living and can't leave. She has CD'S at many banks held in a grantor trust. She wants POAs to close them and deposit to 1 trust account.

Some of banks are wanting proof of incapacitated from DR. Poa specifically says they can do trust accounts and is not... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 1, 2021

1. There is no law or "article" that you can use to "prove them wrong."

2. The banks do NOT have to honor any third-party POA--and especially one being offered under these circumstances.

3. If you will turn this around and look at it from THEIR position you...
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1 Answer | Asked in Banking for Florida on
Q: I opened an account with Chase and deposited my paycheck, days later they closed my account, how do I get my money back
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 29, 2021

You locate and hire a very experienced banking lawyer who knows how to fix stuff like this and pay them to try to help you.

2 Answers | Asked in Banking, Business Law, Consumer Law and Small Claims for Florida on
Q: Can I dispute a debit card purchase I never received?

I ordered a jewelry piece that was filed as misdelivery/nondelivery by my local post office. Claims were filed with the PO but then I was later told the seller did not insure their package so my PO cannot continue with a refund and I need to contact the seller. I do so and the seller refuses to... Read more »

Jane Kim
Jane Kim answered on Nov 27, 2021

Just call them!

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1 Answer | Asked in Criminal Law and Banking for Florida on
Q: Can you get criminally charged if you accidentally spent $15 of your ex's card?

My friend had a nasty breakup with this guy. He purchased something on a mobile app without realizing it was on his ex's card. He tried to pay him back via Venmo but was blocked by the ex. He is now threatening to press charges and is going psycho about it.

Is there any chance that he... Read more »

Michael  Mayoral
Michael Mayoral answered on Nov 15, 2021

He can potentially get arrested for theft, but theft is a crime that requires an intent to deprive someone of their property. One defense to theft charges prosecuted in Florida courts is good faith. Good faith is a valid defense if a jury finds that the defendant had an honest, good faith belief... Read more »

1 Answer | Asked in Banking and Small Claims for Florida on
Q: I missed my pretrial hearing that was for a debt collection. The judge defaulted me and award the plaintiff

This was 2 days ago 11/10. I forgot about the court date unfortunately. Do I have any options? This case is in Orlando Florida

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 13, 2021

You could file a motion to set the default aside, claiming excusable error on your part. it would be up to the judge.

2 Answers | Asked in Consumer Law, Contracts, Banking and Business Law for Florida on
Q: Can anyone deduct money from my Bank account without my permission? Even though they have my number on file.

I am a member of an HOA. We have a grill that we are required to pay $50. every month to use it or lose it. I never use it. Recently they stated on the statement: Beginning January 1st, 2022 we will be converting to auto pay. Payments will be automatically be charged to your card on file on... Read more »

Linda Liang
Linda Liang answered on Nov 6, 2021

Nobody has right to charge your credit card without your authorization.

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1 Answer | Asked in Banking for Florida on
Q: In 2007 I co-signed on a home improvement loan on which only 2 payments have been paid between 2007 and 2010

After 2010 no payments have been made.Bank documents show in 2012 loan was written off and in 2017 statute of limitations had been reached. Question is can the bank still hold my mortgage?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 18, 2021

Yes.

As long as the mortgage company still holds the mortgage against the property no one will be able to sell it or transfer ownership until all the liens are paid.

The worst part of this sad situation is that the original amount of the home improvement loan borrowed in 2007 has...
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1 Answer | Asked in Banking and Business Law for Florida on
Q: my bank is denying me the release of my funds its been over 90 days is that legal? they closed the account july 26th

the deposit was a ppp loan that the security team failed to verify upon initial deposit and erroneously released the funds i was unaware of the loan not being fully verified i used 1600 of it and on july 4th they closed my account under fraud. turns out it was the mistake of an employee not fully... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 9, 2021

This problem is not unusual.

The PPP loan program was the first of its kind ever; and the government allowed the nation's banks and other financial organizations to make too many lending decisions that the SBA should have made.

I have helped at least a dozen people in similar...
Read more »

2 Answers | Asked in Banking and Collections for Florida on
Q: Are creditors allowed to ask for bank statements to help with proof of hardship?

I’m working with a company I’ve defaulted on due to Covid hardship. I’ve sent everything and now they’re requesting to see my bank statements. My personal account over laps at times with my fiancée business account. I try not to let it happen. But there are times he needs me to do things... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 24, 2021

You are attempting to resolve a claim that a creditor has with you. They've asked for some documents which you've provided, and now they want bank statements. Are they allowed to ask for bank statements?

Of course they can ask for them. Creditors ask for bank statements all the...
Read more »

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2 Answers | Asked in Small Claims, Criminal Law, Banking and Collections for Florida on
Q: A while back I had a friend he opened a credit card and added me as a authorized user I got my own card and he got his

We stopped talking haven’t had any contact for months and I’ve been taking care of the card making on time payments there is a balance due and he just froze the account and took me off the account as of today. If I don’t pay that amount that’s left owed now on the account could I be held... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 3, 2021

As an authorized user, you are not responsible to the credit card company for the balance unless the cardholder agreement specifically makes you liable. Otherwise,

The balance is on him.

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1 Answer | Asked in Banking and Probate for Florida on
Q: A Florida resident died without any possessions but with a small balance in a checking account. Can NOK withdraw?
Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 16, 2021

Perhaps. See this statute to determine if it applies:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0735/Sections/0735.303.html

1 Answer | Asked in Banking and Civil Litigation for Florida on
Q: Hello, over 2 years ago my parents received $ 16,000 from insurance claim, they told me to keep the money in my bank acc

Hello, over 2 years ago my parents received $ 16,000 from insurance claim, they told me to keep the money in my bank account, so i transfered the money from their account to mine, when they would ask for money, pay their bills etc i would send them money, but i had also used most of the money on... Read more »

Charles M.  Baron
Charles M. Baron answered on May 20, 2021

Best for you to schedule a consultation with an attorney to go over all the facts and communications. Based on your brief description, it sounds like, at most, you are guilty of a breaching an agreement with your parents (a civil matter that could lead to a lawsuit against you), not... Read more »

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