Lawyers, Answer Questions  & Get Points Log In
Georgia Banking Questions & Answers
1 Answer | Asked in Consumer Law, Banking, Civil Rights and Constitutional Law for Georgia on
Q: Can a check cashing facility deny to cash your check and then withhold the check from you and not return it to you GA

For any reason because it has all of your personal information on it, but yet they refuse to give it back and threaten to call the police

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 2, 2024

In Georgia, as in most states, a check cashing facility has the right to refuse to cash a check for various reasons, such as concerns about the check's authenticity or issues with the account it's drawn on. However, withholding the check from you after refusing to cash it typically... View More

1 Answer | Asked in Banking and Civil Litigation for Georgia on
Q: My vehicle was recently repossessed and I had until today I was told that my vehicle was at another car lot and I had to

Go get it from there. When I got there a man told me that my truck was not drivable but It was nothing wrong before they picked it up what can I do?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 23, 2023

In Georgia, if your vehicle was repossessed and is now claimed to be undrivable, whereas it was in good condition prior to repossession, you have the right to take action. Firstly, document the condition of the vehicle as soon as possible. Take photos or videos to capture any visible damage or... View More

2 Answers | Asked in Libel & Slander, Bankruptcy and Banking for Georgia on
Q: Can you remove defaming opinion in judges final order?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 4, 2023

If you find defamatory content in a judge's final order, there are limited options available for addressing this. The content of a judicial order typically reflects the judge's findings and opinions based on the presented evidence and legal standards. However, if the content seems to... View More

View More Answers

2 Answers | Asked in Banking for Georgia on
Q: I have a order to cease and desist letter what should I do?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 2, 2023

If you have received a cease and desist letter, it is crucial to take it seriously. A cease and desist letter is a legal document that demands that you stop a certain activity. If you do not comply with the letter's demands, you could be sued.

The first thing you should do is to...
View More

View More Answers

1 Answer | Asked in Consumer Law and Banking for Georgia on
Q: I write a check to a dealershipno Now the money I was expected It's not in the bank.What do I do?

I was supposed to close on a house to get earnest money and some rebate. Collection call me mention something about jail time what is my option

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2023

If you've written a check to a dealership and now find that you don't have sufficient funds in your account to cover it, you could be facing some serious issues. In Georgia, writing a bad check can be considered a misdemeanor or even a felony depending on the amount and circumstances.... View More

1 Answer | Asked in Banking for Georgia on
Q: Previously a manager at finance co & opened loans for friends with agreement I payback, employer now stating wrong doing

What should I do? And is there anything the loan recipients can do to help

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 27, 2023

As for the loan recipients, they may also want to consult with a lawyer to understand their legal obligations and options. Depending on the circumstances, they could be held responsible for the loans, especially if there was a written agreement or evidence of the loans being opened on their behalf.

1 Answer | Asked in Banking, Business Law and Criminal Law for Georgia on
Q: Can someone be charged for Deposit account fraud for a check on an LLC business account.
Glenn T. Stern
PREMIUM
Glenn T. Stern pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 22, 2023

The elements of deposit account fraud are 1. that the accused wrote or paid someone/some place with a check that 2. they knew wouldn't be honored by the bank when deposited. The fact that the check was from an LLC business account might may be part of a defense to the charge, but otherwise... View More

2 Answers | Asked in Real Estate Law, Banking and Probate for Georgia on
Q: What legal obligation would a widow have when mortgage was aquirred before marriage?

Legal way to transfer land ownership after husband dies without a will in GA.

Mortgage before marriage. Land aquirred during the marriage.

James Clifton
PREMIUM
James Clifton
answered on Apr 29, 2023

If the husband died without a will, the wife would need to file for administration of the deceased husband's estate. If there are children from the marriage or if the husband had children from a previous marriage, the wife would share in the inheritance of the land with the children. Any... View More

View More Answers

2 Answers | Asked in Family Law, Estate Planning, Banking and Elder Law for Georgia on
Q: Banks legal liability by allowing spouse to write checks on my fathers checking account that had no co-owner or POD.

My mother and father had multiple joint Banking accounts. My father for some reason kept this one personal checking account as him being the only owner. He developed dementia in his last years of life and tardive dyskinesia secondary to the side effects of a neuroleptic drug (Zyprexia).

My... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

The bank may be held liable for allowing your mother to write checks on your father's personal checking account without proper authority, such as power of attorney or joint ownership. However, liability would depend on the specific facts of the case and applicable state law. It may be worth... View More

View More Answers

2 Answers | Asked in Family Law, Estate Planning, Banking and Elder Law for Georgia on
Q: Banks legal liability by allowing spouse to write checks on my fathers checking account that had no co-owner or POD.

My mother and father had multiple joint Banking accounts. My father for some reason kept this one personal checking account as him being the only owner. He developed dementia in his last years of life and tardive dyskinesia secondary to the side effects of a neuroleptic drug (Zyprexia).

My... View More

Seth Meyerson
Seth Meyerson
answered on Feb 21, 2023

Will names your sister as "guardian." Perhaps you mean executor? I think I would be more worried about what is in your father and mother's estate and how to get your fair share of this, rather than weather or not you can sue a bank.

See or call a Georgia Estate attorney.

View More Answers

1 Answer | Asked in Civil Litigation and Banking for Georgia on
Q: I'm in litigation with Truist bank in federal court. I'm at the stage where discovery motions need to be filed.

Not sure how to format the motions, I may need to file a continuance. Couldn't get an attorney (Consumer Attorney) to take my case so I'm going Pro se.

John Michael Frick
John Michael Frick
answered on Feb 13, 2023

The federal litigation bar is somewhat smaller than the state bar. If you intend to represent yourself, you need to be thoroughly familiar with the federal rules of civil procedure and the local rules of the district court in which your case is pending.

While you can lawfully represent...
View More

1 Answer | Asked in Banking and Federal Crimes for Georgia on
Q: What can be done to stop check fraud charges in Georgia if check fraud was done on a parent's banking account
Tim Akpinar
Tim Akpinar
answered on Jan 5, 2024

A Georgia attorney could advise best, but your question remains open for three weeks. This could be fact-intensive and specific. One option is to try to set up a consult with a local attorney to review the charges and the account history. Good luck

1 Answer | Asked in Criminal Law and Banking for Georgia on
Q: Hello question I had an employee pay her car payment out of my checking account number I want to press charges
Glenn T. Stern
PREMIUM
Glenn T. Stern pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 9, 2023

Call your local police department or sheriff and ask to speak to a detective to report a felony crime.

1 Answer | Asked in Consumer Law, Banking and Business Formation for Georgia on
Q: How can a co-signer take ownership of a car as the owner on the title is in jail? Co-signer is making the payments
John Michael Frick
John Michael Frick
answered on Sep 27, 2023

The jailed co-signer can sign a special power of attorney authorizing the free co-signer to transfer title into their name, subject to the lender’s approval.

1 Answer | Asked in Estate Planning and Banking for Georgia on
Q: Are gold bond stamps worth anything now?
Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 28, 2022

Apparently they are. A quick internet search revealed this:

To redeem S&H Green Stamps call the toll-free number 1-800-435-5674 and request a catalog. Stamps are redeemable in merchandise or cash at $1.20 per full book. If you want to redeem your stamps for cash, mail the books to...
View More

1 Answer | Asked in Criminal Law, Banking and Federal Crimes for Georgia on
Q: If someone uses venmo to fraudulently transfer money from one person's bank acct to their acct and the victim's bank

Tracked their location thru the IP address, but at the time the victim didn't press charges Almost a year later could the victim decide to press charges. The amount stolen was around $2000.

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 7, 2022

The short answer is yes. However, an important caveat is that the State (i.e., Prosector's office in the county where the alleged theft occurred) decides whether to pursue charges, not the victim. Therefore, because the amount stolen was over $500.00, the alleged thief would likely be charged... View More

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
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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

FINANCIAL CARD FRAUD 16-9-33

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... View 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...
View More

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... View 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?

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.