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Michigan Banking Questions & Answers
1 Answer | Asked in Banking for Michigan on
Q: Can I sue Bank of America for my account being hacked?

I received a Security emal alert from Bank of America back in August stating that fraudulent activity was noticed on my account and that my account had been closed. I contacted the bank and was informed that ATM deposits that were being conducted in Texas (I live in Michigan) were fraudulent. I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 16, 2019

There are several ways to rectify this increasingly common situation--all of which require assistance of an experienced lawyer who understands Banking Law and class action litigation. I advise you to use the Find A Lawyer tab at the top of the page and contact an experienced Banking Lawyer.

1 Answer | Asked in Banking for Michigan on
Q: Hi, my name is Austyn and I have a big problem that I dont really know how it would be categorized. Bank fraud.

Okay, so I noticed one day when I went into my mobile online banking my account said negative $574.00, so I immediately went up to the bank and was addressed the issue and their response was "You deposited a fraud check" when in reality I did not. Also, the bank let the check go through without... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 28, 2019

Do you have a legal question you would like to ask?

1 Answer | Asked in Banking and Social Security for Michigan on
Q: My sister lives in Michigan, collects social security disability due to bipolar issue. Can she open a banking account?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 17, 2019

Yes, of course your sister can open a bank account--with one important caveat: If your sister intends to put lots of money into a bank account--or in any other kind of financial account--she may be at risk of having to explain where she is getting the money.

1 Answer | Asked in Banking and Business Law for Michigan on
Q: I am a va for someone from another state. He sent me a check and it bounced. My bank accounts on hold now. What do i do?

He’s in TX, originally the first check he sent me i guess cancelled because of FedEx had a problem with delivery. (VA=virtual assistant)

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 21, 2019

Pardon my ignorance, but if you can tell me what a "va" is I might be able to give you some advice.

1 Answer | Asked in Banking for Michigan on
Q: I have utma account that was set up for me when I was still minor. I am an adult now and want to access the money in it.

The custodian will not give me access, I am wondering if there is another way I can get the bank to give me the money from the account without having to go through the custodian. I am now 30, I've had the account ever since I was minor. Is there a way as an adult now that I can bypass the custodian... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 16, 2019

The bank is required to give you the money; or it can give the money to the person who set it up. The reason the bank said no might be because the custodian closed the account--years ago. They will not tell you because they cannot. If there was a lot of money, hire a lawyer.

1 Answer | Asked in Banking for Michigan on
Q: what terms can a suspend then close an account with funds in it and how long do they have before despurse funds?

After transferring funds from my Wells Fargo account to chase, they suspended account with $6,000 in it on 3/22/19. They did not reach out about receding any information from me until 4/15. Then finally sent check for funds 5/7. Also I was not notified by any other methods, such as hone or email... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 15, 2019

Accept the $500 settlement and move on. P.S. By move on I mean move completely away from both Wells Fargo Bank and Chase Bank, unless you like this kind of bad behavior from your bank. Choose a small local bank of credit union that is grateful for your business--and does not engage in questionable... Read more »

1 Answer | Asked in Banking, Business Formation and Business Law for Michigan on
Q: Use my personal address on a business bank account? Degree of risk of piercing the LLC veil?

Manager-Managed LLC in Michigan. I am the Manager (80%), my daughters are silent partners (5% and 5%). We are presently using a UPS Store Mailbox as the business address, but the bank will not allow it. The bank suggests using my personal address.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 10, 2019

There is nothing wrong in using a home or personal address as a business address.

1 Answer | Asked in Banking for Michigan on
Q: HI, I was approved for a loan for 20 thousand at 4% interest. I shouldn't of been approved. Questions in details!

on paper I knowingly could not afford this loan.

I had just started a job for 3 weeks ago at that point.

I made $9.50 an hour.

and my credit score didn't exist.

after reviewing my contract with the salesman he whited out my employment dates and put 6 months.... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 26, 2019

You present an interesting take on an age-old dilemma. While the loan manager may be held accountable to the bank or dealership for approving a bad loan (in this case, allegedly losing her job), you are and will be accountable for everything you sign as an adult - including this loan agreement.... Read more »

1 Answer | Asked in Banking for Michigan on
Q: Owe on a loan. No payments made in 8 years. Can they take money out of my bank accounts?

Husband died. Had no income. Came and got motorhome. Live in Michigan. I have never received letter saying they were suing me. I am afraid to start a account because I'm afraid they will take it. Thank you for your help.

Adam Alexander
Adam Alexander answered on Feb 4, 2019

More information is required to provide you with an answer. Is there a judgment against you? If so, what court, have they filed a writ of garnishment, have they taken any collection actions?

I suggest you provide a new question including very detailed dates and facts. That way you will...
Read more »

1 Answer | Asked in Contracts, Banking, Business Formation and Business Law for Michigan on
Q: I am a minor in Michigan about to form an LLC. How can I enter into a contract on behalf of my company as a minor?

My parents are willing to sign for me on any legal documents.

I also have a few other questions:

What extra steps should I take when forming an LLC as a minor?

How do I open a business bank account for my LLC as a minor?

Brent T. Geers
Brent T. Geers answered on Jan 13, 2019

You will need your parents help with this. Other than that, you should be good-to-go.

1 Answer | Asked in Banking, Consumer Law and Contracts for Michigan on
Q: If a company discharges a debt can they still come after you for the money ?

This was a car lease that was repossessed and I recently found out they have discharged the loan

Thomas. R. Morris
Thomas. R. Morris answered on May 7, 2018

Quite possibly. I don't know what you mean by the creditor "discharging" the loan. That's probably not the proper term. If the creditor "wrote off" the debt, it is no longer carried as an asset on its books, but the act of writing it off (which also goes by other names) does not extinguish the... Read more »

1 Answer | Asked in Banking, Criminal Law, Federal Crimes and Identity Theft for Michigan on
Q: My child is 13, he stole my bank card and bought a semi-auto bb gun off of amazon. What can he be charged with

I want him to see some juvie/jail time not just fines. Because he needs a wake up call not a coffin or future prison record. Any charges for the semi-auto bb handgun

Jasmine D. Rippy
Jasmine D. Rippy answered on Apr 17, 2018

If you report your son to police, he could be charged with illegal use of a financial transaction device, which is a felony. Because he used the card online, he could also be charged with using the internet or a computer to commit a crime, which in this case would be a felony because the... Read more »

2 Answers | Asked in Banking and Bankruptcy for Michigan on
Q: i filed for bankruptcy in around 2006 and it was appointed. i just changed my daughters bank acct to me the bank took $

i just changed my daughters bank acct and put it in my name to help her save money. the bank took over one thousand dollars said i owed it from a debt. this was covered under my bankrutcy how do i get this money back i have cancer and am in a panic. i have been awareded the bankruptcy in approx... Read more »

Robert Keyes
Robert Keyes answered on Apr 12, 2018

Not quite enough information to answer your questions. You need to ask the bank very specifically about the details of the debt. If your daughter is an adult she needs to contact the bank also. Whose money was taken? Hers or yours. What kind of debt did you have with this bank in your prior case?... Read more »

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1 Answer | Asked in Banking, Bankruptcy and Criminal Law for Michigan on
Q: I’m trying to fight a fraud charge from 2010. My wages are now being garnished. Bankruptcy declared in 2013, any advice?

I was caught in a modeling check scam. I’m not being charged over $23,000 on a $6,000 mistake. I was young and naive then. Not anymore. I know it won’t be dropped but id like to fight it where I pay back the original amount. I declared bankruptcy and now 5 years later the bank comes after me... Read more »

Adam Alexander
Adam Alexander answered on Mar 23, 2018

If your wages are being garnished I assume there is a judgment against you. Fighting a judgment is difficult because you are not permitted to challenge the merits of the underlying lawsuit. It's too late. There are some procedural defenses like lack of service and fraud. But most creditor... Read more »

1 Answer | Asked in Banking and Criminal Law for Michigan on
Q: I have to go to court for my husband for an assult. SO WHEN I GO TO COURT TO TELL THEM I DON'T WANT TO PRESS CHARGES

Will the charges be dropped automatically

Andrew Mikos
Andrew Mikos answered on Jan 12, 2018

Not necessarily. The decision to proceed with the case is up to the prosecutor, not the judge, and their decision is influenced by numerous factors, only one of which is the willingness of their "victim" to testify. Without knowing more about the facts of the case, I could not say what the... Read more »

1 Answer | Asked in Banking, Business Law, Consumer Law and Bankruptcy for Michigan on
Q: 100 percent net pay taken from bank account right after payday. What can I do?

I was layed off from a job and I had to take a job for less. 1600 a month differance. I could not afford my discover card payments anymore and im on welfare now. I tried on several occasions to make payment arrangements but the refused. They could not garnish my paycheck because years ago i chose... Read more »

Robert Keyes
Robert Keyes answered on Dec 12, 2017

Sounds like a prime candidate for a bankruptcy.

1 Answer | Asked in Banking, Civil Litigation and Collections for Michigan on
Q: husband is paying arrears faithfully. can bank account still be levied?
Adam Alexander
Adam Alexander answered on Nov 29, 2017

Probably. I would need some additional information to accurately answer your question. I am assuming your husband had a repayment agreement with the creditor or debt collector after a judgment was entered in court. Most of the time, creditors will honor that payment plan and not take any... Read more »

1 Answer | Asked in Banking and Probate for Michigan on
Q: My farther made me the beneficiary on his bank account, after he passed away my sister wrote out check in his name .

My sister had no permission to do that,what do I do

Brent T. Geers
Brent T. Geers answered on Sep 24, 2017

Assuming that your sister had no legal authority to do so, she committed a crime. Most anything you can do - short of confronting her and convincing her to make it right with you - will likely involve her getting into legal trouble. As you are the beneficiary of that account, it's up to you as to... Read more »

1 Answer | Asked in Banking and Consumer Law for Michigan on
Q: can a bank bounce a check in wrote when I had deposited the funds (check in my account 2 days prior) and the check

had cleared from the payers account. the check I deposited was on the 28th, shows is my father's account as a debit on the 28th and the check I wrote was submitted to my bank on the 30th. they put my account on hold and didn't give me the funds, then instead of holding the check I wrote, they... Read more »

Adam Alexander
Adam Alexander answered on Sep 21, 2017

I suggest you get a copy of all your bank transactions from one week prior to the incident to one week after the incident. Then contact a consumer lawyer in your area and provide him/her with a detailed summary of events and a copy of the bank transactions. Essentially, more information is needed... Read more »

1 Answer | Asked in Banking and Contracts for Michigan on
Q: Am i obligated to pay money back without a written contract?

My girlfriend gave me $1500 to buy a new vehicle. We have since broken up and she is demanding the money back. Her name is not on the title and we were living together

Thomas. R. Morris
Thomas. R. Morris answered on Mar 26, 2017

Yes, you are obligated if in fact you agreed to repay. Assuming that the contract was performable within a yesr, the oral contract obligation to pay back the loan is enforceable under Michigan law because it is not in the category of contracts that must be in writing to be enforcable.

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