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2 Answers | Asked in Banking, Business Law and Contracts for New York on
Q: How to dispute a charge with credit card company due to merchant not providing all services in contract.

Contract says "no refunds" but they didn't provide all of the services.

James L. Arrasmith
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answered on Mar 26, 2024

If you're facing issues with a merchant who hasn't provided all the services outlined in your contract, even though it states "no refunds," you can still dispute the charge with your credit card company. Begin by gathering all relevant documentation, including the contract, any... View More

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1 Answer | Asked in Banking for New York on
Q: Stripe has held my funds for 90days - can my lawyer send them a legal complaint even if their agreement allows it

What legal action can I take?

James L. Arrasmith
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answered on Mar 25, 2024

If Stripe has held your funds for 90 days and you believe this is unjustified, it's understandable that you would be concerned and consider taking action. Yes, your lawyer can send them a legal complaint regardless of the agreement's terms if they believe there are grounds for dispute.... View More

1 Answer | Asked in Consumer Law, Banking and Business Law for New York on
Q: How do I remove a delinquent/ charged off business credit card from my credit file for good?

My last payment on the credit card was 4/2020. I never made another payment because they closed my account. They recently updated it to a charge off on my credit report around 09/2023. Since this is a business credit card, how can I dispute it to be removed from my personal credit report for good?

James L. Arrasmith
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answered on Mar 20, 2024

First, check whether the business credit card was indeed under a personal guarantee. If it was, the delinquency could rightfully appear on your personal credit report. However, if the card was strictly under the business's name without any personal guarantee, you might have grounds to dispute... View More

2 Answers | Asked in Securities Law and Banking for New York on
Q: How can I get the $13k I have in a closed account that the bank refuses to send to me. Its been over a year.

Hi, I deposited a $13k annuity check into my individual brokerage account with ETrade, but the day it cleared my account was restricted pending ID verify. Phone camera was broken wouldn't take quality pics, so I knowingly altered and submitted a copy of an expired ID that was saved to my pc.... View More

James L. Arrasmith
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answered on Mar 2, 2024

It sounds like you're facing a frustrating situation with your funds held in a closed account. Given the complexity of the issue and the unsuccessful attempts you've made so far, it's advisable to escalate your complaint within ETrade's customer service hierarchy. This might... View More

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2 Answers | Asked in Securities Law and Banking for New York on
Q: How can I get the $13k I have in a closed account that the bank refuses to send to me. Its been over a year.

Hi, I deposited a $13k annuity check into my individual brokerage account with ETrade, but the day it cleared my account was restricted pending ID verify. Phone camera was broken wouldn't take quality pics, so I knowingly altered and submitted a copy of an expired ID that was saved to my pc.... View More

Allen Charles Frankel
Allen Charles Frankel
answered on Feb 29, 2024

Your issue may require a review of the terms and conditions that you agreed to when opening the account.

However, I would also recommend that you conduct a name search of the New York State Comptroller's Office of Unclaimed Funds. https://www.osc.ny.gov/unclaimed-funds. New York...
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1 Answer | Asked in Banking and Consumer Law for New York on
Q: I had a 17 year old car with 250,000 miles. I offered $3000 to credit union to settle. I voluntarily surrendered car.

They said no. They want $250 a month. I'm on social security. I can't pay. What do I fo

James L. Arrasmith
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answered on Jan 6, 2024

In your situation, it's important to communicate your financial limitations clearly to the credit union. Explain that you are on Social Security and cannot afford the $250 monthly payment. It's helpful to provide a detailed account of your income and expenses to show why the payment is... View More

1 Answer | Asked in Consumer Law, Contracts, Banking and Business Law for New York on
Q: I need a layer to represent me on a breach of contract, and in seeking damages.

I had an account with Payoneer.com, an online money platform, and they blocked my account, and they are refusing to disclose the reason why this happened. I am a professional specializing in AML (Anti-Money Laundering), PCI-DSS, Cybersecurity, and Secure Operating Practices. I have substantial... View More

Jack Mevorach
Jack Mevorach
answered on Dec 29, 2024

What are your damages? Jack

4 Answers | Asked in Banking, Elder Law, Estate Planning and Securities Law for New York on
Q: Is there anyone NOT afraid to sue FIDELITY INVESTMENTS for elder abuse and breach of contract/ fiduciary duty?

for over a year fidelity has been holding my mothers money, she had a stroke named me as power of attorney snd they refuse it and now she has no access to her money and is sick and cannot pay her bills or get her medications etc because. they blocked her account she has been there for 40 Years and... View More

Benjamin Z. Katz
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answered on Oct 27, 2024

What is the reason they do not wish to honor the power of attorney? Was it drafted by an attorney on the New York Short Form? If it is a valid POA, they can be compelled to honor it. Otherwise, you would need to apply for guardianship of your mother.

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1 Answer | Asked in Banking and Constitutional Law for New York on
Q: Is the internal Revenue code positive law (follow up)

So this is a follow up to the last question that I asked. I'm still a bit confused It seems that while title 26 is not positive law, the actual Internal Revenue Act of 1986 is....at least from what I am understanding. My previous question helped to determine that our current taxing provisions... View More

James L. Arrasmith
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answered on Oct 25, 2024

You’re on the right track with your understanding of Title 26 and the Internal Revenue Act of 1986. Title 26 of the United States Code is indeed the codification of the Internal Revenue Code (IRC). The IRC itself is considered positive law, meaning it has been enacted into statute by Congress and... View More

1 Answer | Asked in Banking, Contracts and Tax Law for New York on
Q: Is the Internal Revenue Code positive law?

My friend was wondering if the Internal Revenue code is positive law. He said that because it is covered under title 26 of the USC it is Prima Facie interpretations of the law and are therefore invalid. He also says that because Congress unconstitutionally gave power to the Secretary of Treasury to... View More

James L. Arrasmith
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answered on Oct 24, 2024

Yes, the Internal Revenue Code (IRC) is considered positive law. Title 26 of the United States Code was enacted by Congress in 1986 and serves as the official compilation of federal tax statutes. When a title is enacted as positive law, it means the text itself has been passed by Congress as law,... View More

2 Answers | Asked in Consumer Law, Banking and Elder Law for New York on
Q: .Need Attorney with Banking and Foreign transfers of funds experience. Transfer $100K pending by Bank with U.S. Charter

Bank threatened to return my legal account Funds to Country of origin to repeat release process. BANK OPS DIRECTOR coming to NYC to meet me. Need Lawyer at this meeting! Manhattan location.

Jack Mevorach
Jack Mevorach
answered on Oct 16, 2024

Who transferred to who? From which source? Where are the funds now? What amount? Jack

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1 Answer | Asked in Banking and Business Law for New York on
Q: How can I assume signing authority on my nonprofit's bank accouunt?

I am the newly elected Secretary-Treasurer of a nonprofit organization. Our board passed a resolution authorizing me to have signing authority on our account with Bank of America. When I went into BoA with a copy of the resolution, the banker informed me I needed to be added as an authorized user... View More

James L. Arrasmith
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answered on Oct 2, 2024

It sounds like the bank is providing accurate information. Many banks require an existing authorized user to make changes to account signers, even if you have a board resolution.

To move forward, gather all relevant documents, including the board resolution, bylaws, and meeting minutes that...
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2 Answers | Asked in Banking, Business Law and Business Formation for New York on
Q: If I want to start a company that invests peoples money for them is there any qualifictions? Can I avoid legal liabilty.
Tim Akpinar
Tim Akpinar
answered on Oct 2, 2024

This is not my area of practice, but you await a response for a month. I recommend that you speak with professionals who work in the financial planning/advising/investment field. I believe there are licenses associated with securities, and there are various certifications out there held by... View More

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1 Answer | Asked in Bankruptcy, Contracts, Banking and Government Contracts for New York on
Q: Does 12 USC 411 mean that debts are obligations of the United States?

One of my friends wanted to know if 12 USC 411 makes it the government's responsibility to pay back debts and loans given the wording "The said notes shall be obligations of the United States". They believe that because of this if they take out a loan they have no obligation to pay... View More

James L. Arrasmith
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answered on Aug 20, 2024

Your friend is misunderstanding the purpose of 12 USC 411. The phrase "The said notes shall be obligations of the United States" refers to the currency itself, meaning that Federal Reserve notes are backed by the U.S. government. This ensures that the currency is legal tender for debts... View More

1 Answer | Asked in Banking, Business Law and Real Estate Law for New York on
Q: NYS Section 590. What are the rules for a person who provides commercial loans ($3M+)? Do you need a license?

All I can find is a proposed bill that will require individuals to be licensed but that has not passed.

Jack Mevorach
Jack Mevorach
answered on Aug 8, 2024

I've never heard of a license required for this. If attempted, it might be held to be unconstitutional.

Jack

1 Answer | Asked in Banking for New York on
Q: If the bank's car loan was not paid in time during the epidemic, the car was forcibly towed and sold to other countries

During the epidemic, because I didn't pay the monthly car loan bill, then the bank forcibly towed my car away and sold it to other countries without any consent. After that, I repeatedly asked the bank to return the total amount of the car loan paid before the epidemic to more than 7,000 USD.... View More

James L. Arrasmith
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answered on Apr 21, 2024

In this situation, you may have grounds to take legal action against the bank, but it depends on several factors and the specific laws and regulations in your jurisdiction. Here are a few points to consider:

1. Notice and communication: The bank should have provided you with proper notice...
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1 Answer | Asked in Banking for New York on
Q: Will it be possible to get a HELOC while I have previously obtained a business loan which I had to personally guarantee?

The business loan is not perfected against my home and does not reference my property directly.

Jack Mevorach
Jack Mevorach
answered on Jan 14, 2024

Yes, it's possible. It's in the discretion of the lender.

Jack

1 Answer | Asked in Banking and Elder Law for New York on
Q: Hi - Does the NY State Statutory Short Form POA expressly allow the agent to open a bank account with beneficiaries?

My bank is declining to do this. I see there is language in the statute that requires language in the modifications section of the POA that expressly provides this permission for already-existing accounts. However, I am opening a brand new account, and I interpret the language in the statute to... View More

Jack Mevorach
Jack Mevorach
answered on Jan 3, 2024

Very often banks refuse to comply with legal documents that they should honor. A POA is just one of them. Wrongfully, they will insist on a certified copy of a court order, submitted by an attorney.

Jack

1 Answer | Asked in Banking, Business Formation and Business Law for New York on
Q: I have a joint account with my son and he fraudulently took 6 thousand from my acc without me knowing.

I got a lawyer and paid off the full amount. I also took my son off the account. I still wish to do business with that bank because I have multiple building and business in that bank. How would this affect my business and my bank relationship. What are my next steps and what will happen?

Jack Mevorach
Jack Mevorach
answered on Dec 2, 2023

I'm not understanding what amount had to be paid off and why. If everything is now straightened out, what would be the issue of continuing with the bank?

Jack

3 Answers | Asked in Estate Planning, Family Law and Banking for New York on
Q: What happens to individual bank account? When the person passes away with no benefactors on the account and no will.

The person is married and has children, lives in New York..

My wife’s mother passed away. We are not sure if her bank account had a beneficiary or did she have a will.

Her mother is legal married..

would happen to her bank account now that she is deceased?

What... View More

Michael David Siegel
Michael David Siegel
answered on Nov 15, 2023

Depending on the size of the account the wife needs to file an administration proceeding of some type.

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