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Georgia Banking Questions & Answers
1 Answer | Asked in Estate Planning and Banking for Georgia on
Q: Bank won't acknowlege POA because it is not certified with court

I have notarized POA on my Dad, drawn up by attorney in 1992. He can no longer sign checks and bank won't honor POA as is. How do you certify it with court? It is a properly notarized document already.

Nina Whitehurst
Nina Whitehurst answered on Dec 3, 2021

Your question cannot be answered without reviewing the POA to try to determine what exactly the bank might be concerned about. It is possible that the POA only becomes effective upon incapacity, and so the bank wants proof of incapacity of your father. It that is the case, you need to get a... Read more »

1 Answer | Asked in Banking, Identity Theft and Small Claims for Georgia on
Q: If someone was arrested for using my card and I want to drop the charges will the arresting officer obligee


The woman charged was tricked into using it under instruction of her boyfriend who was responsible for finding my wallet

Cory D. Raines
Cory D. Raines answered on Oct 3, 2021

This depends on several factors. However, contacting the prosecutor's office and letting them know that you don't want her to be charged is a first step. You can request to fill out a non-prosecution affidavit, but ultimately it is up to the prosecution to determine if they will dismiss... Read more »

1 Answer | Asked in Banking and Child Support for Georgia on
Q: I'm an currently being a victim of a scam , the individuas are posing as collection agency, they aquired all informatio

They posed as child support to personal bank and put Lien on funds and took before negotiation or court hearing.

Michael D. Birchmore
Michael D. Birchmore answered on Aug 18, 2021

I cannot argue with you since you have the paperwork for what you have said occurred. At least I would hope that you do.

Having represented a number of banks over many years, I cannot believe the bank simply turned over the funds. The bank would first need a court order specifically...
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1 Answer | Asked in Banking, Civil Litigation and Small Claims for Georgia on
Q: Can you get prosecuted if someone ask you to route their money to your account and you keep it?

My boyfriend was incarcerated and wanted me to bail him out. So he gave me his account info to route to my account. His grandfather actually got him out the day before the money posted and he immediately went and used heroin. Which he promised he wouldn't. So now the money has cleared and is... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Feb 25, 2021

The phrase "If it walks like a duck; it's a duck." certainly applies here. If you truly believed it is okay to keep the money entrusted to you for another purpose, you would not be online asking your question. Of course it doesn't belong to you. What would justify you keeping the money?

1 Answer | Asked in Criminal Law, Estate Planning, Banking and Probate for Georgia on
Q: Suspended Executor accessed descendants bank safely deposit box by provided bank manager invalid testamentary court.

Removed all contents and closes safety deposit box account out. Which included an original copy of a amended will and vehicle title. The following day, the suspended executor transferred vehicle title from the descendants name into his, providing the DMV with the same invalid court docs.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jan 18, 2021

Since you didn't ask a question, I'm not sure what you need. The facts sound horrible and the executor can easily have a judgment entered against him. I don't understand why there is a codicil to a will still floating around when the court had already issued Letters Textamentary to... Read more »

1 Answer | Asked in Banking, Contracts and Small Claims for Georgia on
Q: In the state of Georgia what are some laws and regulations i should know as an investigator helping others?

I am an investigator & I’m trying to know the laws in & out about helping others collecting their unclaimed funds such as the cap % or even smalls thing that can impact me or others while doing it .

Tim Akpinar
Tim Akpinar answered on Dec 26, 2020

A Georgia attorney could advise best, but your question remains open for two weeks. Some GENERAL considerations could include permissible billing methods/fee schedules/fee caps, disclosures, disclaimers, and how Georgia governs/limits agents (attorney or non-attorney) handling such activities. Good... Read more »

1 Answer | Asked in Banking, Estate Planning and Probate for Georgia on
Q: My aunt passed away 4 months ago and her beneficiary was her sister.

At one time she was extremely well off but over the years her health declined and no one knew what she had in accounts or banks. How can we find out if she had any bank accounts or any safe deposit boxes? There is a lot of unanswered questions about where her money and assets went over the years.

Homer P Jordan IV
Homer P Jordan IV answered on Oct 8, 2020

You will want to consult with a probate attorney who can review the case and help you plan the proper course of action to investigate this. -Homer P. Jordan IV, Esq. 404-620-1558

1 Answer | Asked in Estate Planning, Banking and Elder Law for Georgia on
Q: Can a power of attorney include medical consultant for the person that the poa is for?
Jammie Taire
Jammie Taire answered on Jun 11, 2020

Yes. I am not clear on "medical consultant" but a power of attorney can include provisions to allow the agent to access medical records. It is also recommended that an advance directive for healthcare be completed as this will appoint an agent for healthcare decisions.

1 Answer | Asked in Banking, Consumer Law and Criminal Law for Georgia on
Q: I paid a company with cashiers check in Atl, GA. I received signed paid receipt. Vendor says check was stolen.

I canceled the cashiers check. Before I could pay them, they went to the moving broker and got my debit card information (unauthorized) and charged the amount the next day.

Is that misappropriation of funds or do I just need to reissue? I’m concerned that this is fraud and identity theft.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 20, 2020

It sounds as though the moving broker acted negligently towards you. If you have never authorized them to release your credit/debit card information to this 3rd party, this may be a case of fraudulent use of credit card or another offense. It is best to consult an attorney who can assess the merits... Read more »

1 Answer | Asked in Banking and Criminal Law for Georgia on
Q: Apparently i have a warrant in Georgia for forgery that occured 4 years ago, does the statute of limitations apply here?

Im actually not even guilty of a forgery i just tried to cash a fraudulent check someone tried to pay me with.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 15, 2019

Generally speaking, no, there are no statutes of limitations on arrest warrants or bench warrants. Typically, once an arrest or bench warrant has been issued, it remains in effect regardless of the amount of time that has passed.

However, there are limited exceptions to this. For this...
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1 Answer | Asked in Banking and Estate Planning for Georgia on
Q: What services does the Jag office handle the duties that a Settlement/Escrow Agent????? If not, give suggestions.

New mortgage on home we own.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 23, 2019

No lawyer I know will have any suggestions because your "question" does not contain enough facts and thus cannot be answered as written. Try again?

1 Answer | Asked in Banking, Identity Theft, Legal Malpractice and Small Claims for Georgia on
Q: Am I responsible to pay my bank money when I was given a fraudulent loan and I used the money before the check bounced?

The person who deposited the check in my account forged my signature. The loan was for $901.70.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 25, 2019

Yes. Why? Because you are the only person who has (or had) the $901.70. Surely you do not expect any bank on this planet to eat money just because you accepted a fraudulent check? No; they are making you eat your own money.

1 Answer | Asked in Foreclosure, Real Estate Law, Banking and Civil Litigation for Georgia on
Q: There's a fake a fake data descent deed conveying land to The Heirs at law my grandmother left me that land in her trust
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 8, 2019

If what you say is true, you will have to hire a probate lawyer who also knows how to litigate.

1 Answer | Asked in Criminal Law, Banking, Collections and Landlord - Tenant for Georgia on
Q: $2,045.34 in rent paid by my debit card. Only had $1,820.28 available-Leaving a deficit of $225.06. Is this criminal?

It was due to be paid by midnight on 03/05/2019-after only being given 10 days notice by the leasing office that they made a major error and I actually would have to pay 2 months rent by that date instead of just 1 month. On 03/05/2019 at 3:17pm, I called the asst manager and she agreed to allow me... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Mar 8, 2019

In Order to answer this Question, the attorney will need to see the actual Lease and any conversations you have with the landlord. It may be in your best interest to talk to an attorney to see what provisions are in your lease.

1 Answer | Asked in Banking and Criminal Law for Georgia on
Q: I hired a gentleman to work for our company. He has a felony . He says bad checks. But i see a lot of theft bytaking
David Edward Boyle
David Edward Boyle answered on Oct 18, 2018

I am not sure what your question is.

2 Answers | Asked in Banking, Civil Litigation, Criminal Law and Personal Injury for Georgia on
Q: I have a merit badge for Law for Scouts. Can you please tell me what the duties and responsibilities of an attorney are
Gary Kollin
Gary Kollin answered on Oct 16, 2018

When I was growing up we had a place called a library where there were books, periodicals, encyclopedias and the like.

When we wanted to learn about a subject we would read instead of asking someone to work for us.

Today we do not have to go to the library. We have the internet...
Read more »

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2 Answers | Asked in Employment Law, Family Law, Banking and Employment Discrimination for Georgia on
Q: I was cursed of being a $100 short and got fired what should I do

I was accused and my boss did not contact anyone

P. Justin Thrailkill
P. Justin Thrailkill answered on Jun 15, 2018

You need to schedule an appointment to speak with a local attorney to discuss this, as there is not enough information in your post to answer your question.

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1 Answer | Asked in Banking, Civil Litigation and Estate Planning for Georgia on
Q: Can a person who has been the trustee and benfercery of a trust account, bank account and of the will provide proof of i

The safety deposit box contains the will to whom I was only one who can sign it out of trust account auditing to be a problem with finding the Will

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Feb 26, 2018

If you are not a named person on the bank account, then you cannot access the safety deposit box. You will need to get the probate court to grant you authority to open the box to see if a will is present.

1 Answer | Asked in Family Law, Banking and Probate for Georgia on
Q: I need a lawyer that can take a case that will take there money out after I win..the annuity account is worth 110,000
Ellaretha Coleman
Ellaretha Coleman answered on Oct 15, 2017

If you are seeking an attorney that will petition the court for an early withdrawal of your annuity, it is possible to handle those cases on a contingency basis where the attorneys fees are paid from the proceeds of the withdrawal.

2 Answers | Asked in Estate Planning, Banking and Probate for Georgia on
Q: Mom lived in GA for one year and opened up a bank account. When she died, it had under $900 in it, bank won't release.

I'm the one (daughter) who set up account + deposited funds, and live in NY. When I went to NY branch (major bank in practically every state) with death certificate, they told me I had to get court documents from Georgia to show I'm next of kin. She died in GA. Death certificate has my... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jul 25, 2017

If your mother passed away in New Jersey, you will need to proceed under New Jersey law. If Georgia, then Georgia law. Ultimately, if the bank is located only in New Jersey, you will need to follow New Jersey law to get the money from the bank.

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