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Missouri Banking Questions & Answers
1 Answer | Asked in Banking and Collections for Missouri on
Q: Company like ebay but specialized in my field owes Money for goods sold through their service. Payment plan a good idea?

Just dont want to agree to payments and then find out that by accepting an initial small payment that im accepting that as a resolution

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 13, 2020

If enough money is at issue you'd be well served to hire an attorney to prepare a written document the clearly specifies the agreeed upon repayment terms and protects your interests.

In general, if it costs you less to achieve a payment plan and it gets paid, as opposed to the costs...
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2 Answers | Asked in Banking and Civil Litigation for Missouri on
Q: I need help on a money issue. Money was transferred into my account. I did not know who it was from when it happened.

Hello, I received a funds transfer on July 14th of $20,138.00. I called my bank and they said it was transferred from another account and could not see where from. I waited a week to touch the money just in case. Then I used to to help pay of bills. The day after touching the money I get a call... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 24, 2020

This isn't the answer you want to hear but I believe that if grandpa sues you then you will lose. From a legal standpoint, I question whether there was any "consideration" given by you in exchange for his statement that he was not going to sue you. Consideration is an essential... Read more »

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1 Answer | Asked in Banking, Business Law and Contracts for Missouri on
Q: Can I sue a financial institution for tortious interference involving a contract/ and or breach of contract?

The bank used to obtain a loan for my company shut my debit card off and blocked access to funds needed to conduct my daily business operations due to my business partner and I having a disagreement. He used his connections at the bank to pull this stunt off. The account was clearly a joint... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 29, 2020

It sounds like your business is the accountholder and that it be the party with standing to file any lawsuit. It also sounds like you and your partner are not going to agree on whether to pay an attorney thousands of dollars to sue the bank. You should carefully review the depository agreement... Read more »

1 Answer | Asked in Banking for Missouri on
Q: My husband is refinancing our home and using the equity to buy himself a new home. He is doing this without my consent.

Can he legally do this without me if my name is on both title and loan?

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

No, at least not in Florida; and I would be very surprised to see Missouri--or any other state--that allows husbands (or wives) to steal the homestead the way you describe. You might want to call the lender and tell them about this.

1 Answer | Asked in Banking and Contracts for Missouri on
Q: I closed on a micro loan on April 28. Today is May 6. Is the contract null and void if I haven’t received the funds?

The loan is for my small business. I contacted my banking institution and they said no wire was ever received or had been attempted by this company. The loan company claimed they’ve tried to send it and my bank keeps bouncing the money. I am due to have the money deducted from my account starting... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on May 6, 2020

If you don’t get the money they purported to loan to you, it may constitute fraud. But you need to take steps to protect your interests. First of all, if the only thing you have in writing is the loan agreement that may be problematic. You need to immediately notify the lender IN WRITING that you... Read more »

1 Answer | Asked in Estate Planning and Banking for Missouri on
Q: COVID19 stimulus check made to both me and spouse arrived, he died 3 months ago,how/can I cash this check?

Ss admin was notified, his bank account closed out, no 2019 taxes filed yet, and no probate case opened at this time. This check is similar to tax refund checks I fear and require all parties endorse. Help!

Joseph John Piatchek
Joseph John Piatchek answered on May 5, 2020

May likely require filing a case with the local county probate court where you live. There are several ways this can be done, perhaps even a "small estate", among other ways. In any event, you likely need some sort of authority to sign on his behalf, and probate courts is where you can... Read more »

2 Answers | Asked in Estate Planning and Banking for Missouri on
Q: If I accidentally deposit money in a UTMA can I fix my mistake or is it irrevocable?

A few days ago I accidentally deposited some money in my daughter’s UTMA and bought some stocks with it before I realized my mistake. Can I sell the stocks and withdraw the money or is it now irrevocable her money?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Mar 8, 2020

Generally speaking, any deposits to a UTMA account by a parent are irrevocable. You should consult an attorney in your area to discuss the details to be sure.

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1 Answer | Asked in Consumer Law, Real Estate Law and Banking for Missouri on
Q: How can I file a suit against a Mortgage Co for overpayment and would I need a Lawyer to do so?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 29, 2018

Your question is not one that can be meaningfully answered in a couple of sentences. It's like asking, "How do I build a house?" or "How do I perform an appendectomy?"

The short answer to your question is that you file a petition in an appropriate court asserting...
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1 Answer | Asked in Consumer Law, Criminal Law and Banking for Missouri on
Q: I received a bad check from an address in New York. Is there anything I can do about it or with it?

I have not cashed the check yet as it is signed "Leia Organa Solo" and I'm too busy laughing at the stupidity.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 7, 2018

You can post it on Facebook.

1 Answer | Asked in Consumer Law, Banking and Stockbroker Fraud for Missouri on
Q: Predatory lending?

I was seeking a personal loan to consolidate debt. I contacted personal lending group and a few hours later a group called MJM Lending (located in Florida) called and stated they were a partner of Personal Lending Group. They told me to call Compass Bank and apply for a loan because they did not... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 3, 2018

You state that they are trying to charge you for something without investing time. What does your written contract state as to what is due?

1 Answer | Asked in Banking, Business Formation, Business Law and Contracts for Missouri on
Q: I have discussed this issue prior to receiving the settlement offer. Am I unable to accept due to this clause?

Confidentiality. Customer hereby represents and warrants that Customer has not and will not disclose the financial terms of this Agreement to anyone other than, legal counsel and/or a financial advisor. However, Customer warrants if Customer discloses the terms of this Agreement to legal counsel,... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Apr 3, 2018

The agreement refers to keeping its terms confidential. I don't see how your discussing your situation with someone prior to receiving the agreement could be a breach of the agreement. The last sentence you wrote, however, ends with "Custom" so I don't know what is missing.... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Contracts, Real Estate Law and Banking for Missouri on
Q: Can a lien be filed on real property for non-payment of an unsecured promissory note?

I loaned a start up business some money and obtained an unsecured promissory note because there were no assets. There have been no payments made on the note and the company now has assets, namely real property, Can a lien be filed against the real estate or any other assets the company now owns?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Apr 3, 2018

Unfortunately, an unsecured promissory note cannot justify a lien on the real property. However, if you file an action and get a judgment for the amount of money owed on the promissory note, the judgment can be filed against the real property if the name on your judgment and the name of the owner... Read more »

1 Answer | Asked in Banking for Missouri on
Q: Can my wife be sued for a credit card debt from 11 years a go?
Howard Berkson
Howard Berkson answered on Nov 22, 2013

You can be sued for wearing a red shirt, but that doesn't mean the plaintiff will win. It is unlikely that a lawsuit against your wife on a debt from eleven years ago would be successful because the statute of limitations in your state appears to be 5 years. Consult with a Missouri attorney... Read more »

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