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Texas Banking Questions & Answers
2 Answers | Asked in Divorce, Family Law, Banking and Child Support for Texas on
Q: Will a bank account shared with a sibling or otherblood relative be protected from divorce requirements to divide wealth
T. Augustus Claus
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answered on Sep 1, 2023

In Texas, the division of assets during a divorce is generally guided by community property laws. Community property laws dictate that most property acquired during the marriage is considered community property and is subject to equitable distribution between the spouses upon divorce.... View More

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1 Answer | Asked in Banking for Texas on
Q: How can I get scammed money back? I was recently scammed out of 2500$ and my bank and the payment app are denying refund

I have filed a police report and contacted my bank same day. I provided screenshots and scammers information. Including the real company name and real employees names they were using.

John Michael Frick
John Michael Frick
answered on Jul 19, 2023

In most of these cases, you need to sue the individuals and/or companies that perpetrated the scam on you. In many cases, it can be very difficult to identify the scammers as they are often not in the United States. That can also make it very difficult to serve them when they can be identified... View More

1 Answer | Asked in Consumer Law and Banking for Texas on
Q: Can a bank withhold your mobile check deposit without any reason or answer as to why despite numerous phone calls

I deposited my check on Friday my receipt said the first 250 will be available same day the rest on July 5th. The 250 never showed up I've called everyday since then and no one can give me a reason why no one is willing to help and I have lost my storage unit my belongings and have late fees... View More

John Michael Frick
John Michael Frick
answered on Jul 5, 2023

No, your bank cannot withhold a mobile check deposit without any reason. It seems likely that there is a reason, but the individuals with whom you have been communicating do not know what that reason is or are prohibited from discussing it with you.

It is not uncommon that rank-and-file...
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2 Answers | Asked in Banking for Texas on
Q: I have to let my car go due to a blow out engine. But now tthey are saying they will come tow my 2nd car because of this

Can I refinance my 2nd car to another bank before they can do this? Even though I’m caught up to payments.

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

My previous answer, of course, assumes that there is a valid agreement cross-collateralizing the loans. Your security agreement would have to include such a provision. Typically it would say something like "any collateral pledged to secure any obligation of Borrower shall also secure any... View More

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1 Answer | Asked in Banking and Consumer Law for Texas on
Q: Will taking me off as an auth user on cr-cards my husband opened without my knowledge remove them from my credit report?

I'm looking at divorcing my narcissistic husband. I need to know if his bad credit card habit is going to continue to drag down my credit rating and if I'm going to be stuck paying them. The cards were obtained without my knowledge, and he named me as an authorized user. Our finances are... View More

John Michael Frick
John Michael Frick
answered on Jun 1, 2023

There is a difference between having a joint credit card and being an authorized user on someone else's credit card.

With a joint credit card, two (or more) individuals agree with the company issuing the credit card to be jointly responsible for all charges made on the credit card....
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1 Answer | Asked in Banking, Elder Law, Health Care Law and Estate Planning for Texas on
Q: My brother is in control of my trusts. Power of attorney over my bank account. How do I get rid of power of attorney?

He is angry at me and has denied me funds. Also has been able to get information from my health insurance company, Aetna. Found out his address is listed on my bank and insurance information to be sent to him.

John Michael Frick
John Michael Frick
answered on Apr 18, 2023

You have two issues.

First, you say your brother is in control of “your” trusts. I assume you do not mean that you are the settlor of certain trusts, but rather that you are the beneficiary of certain trusts and your brother is the trustee.

You can have your brother removed as...
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1 Answer | Asked in Banking, Civil Litigation, Identity Theft and Estate Planning for Texas on
Q: (Texas law)I am disabled physically and my sister had taken over my trust how could i file charges and get my trust back

Halen is the wills name my grandmother left me this. In the will that was probated in 72 it says my estate will be left to (myname) as i was the only child when she died. in the estate it includes around 45k acres of land 5-15 million dollars and in 89 my father was my estate guardian and got... View More

John Michael Frick
John Michael Frick
answered on Apr 8, 2023

The settlor of the trust (in this case, your grandmother) chose the trustee and any substitute trustees in the event her first choice (presumably your father) does or is removed for cause. From your question, it sounds like your sister was the first substitute trustee selected by your grandmother.... View More

2 Answers | Asked in Consumer Law, Banking and Gov & Administrative Law for Texas on
Q: What are the most effective options to build a strong legal case against: ADT/SunPro Solar and Good Leaf the lender?
James L. Arrasmith
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answered on Mar 2, 2023

Building a strong legal case against ADT/SunPro Solar and Good Leaf will depend on the specific facts of your case and the legal claims you are pursuing. However, here are some general steps that may be effective in building a strong case:

Gather evidence: Collect as much evidence as...
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2 Answers | Asked in Consumer Law, Banking and Gov & Administrative Law for Texas on
Q: What are the most effective options to build a strong legal case against: ADT/SunPro Solar and Good Leaf the lender?
John Michael Frick
John Michael Frick
answered on Mar 2, 2023

Since Texas is a one-party consent state, record every conversation you have with every representative of each party. Keep the entirety of each recording and turn all of the entire recordings over to your attorney.

Do not sign anything unless it has been reviewed and approved by your...
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1 Answer | Asked in Banking and Social Security for Texas on
Q: Can I get my social security money if I’m now 18, but the money isn’t in my name ?

I started receiving SSI survivor benefits last year when I was 17. So, every payment was put in my grandmother’s name and also given to her but she always let me spend it on what I needed so that’s not the problem. The problem is when I started receiving these benefits, I got a lump sum as well... View More

James L. Arrasmith
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answered on Mar 2, 2023

You may be able to get your lump sum payment by contacting the Social Security Administration (SSA) and explaining the situation. It is possible that they can help you by transferring the money into an account in your name. However, the process may require some documentation to prove that you are... View More

2 Answers | Asked in Collections and Banking for Texas on
Q: A bank is holding my car title as collateral for a signature loan from 2015

I went to pay my auto loan off and get my title and they told me they won't give it to me because of a signature loan from 2015, it shows as a closed account on equifax and transunion

John Michael Frick
John Michael Frick
answered on Jan 24, 2023

You should probably bring proof that you fully paid off the signature loan to your bank. Credit bureau reports probably aren’t enough. You probably need to bring loan statements from the signature loan itself.

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1 Answer | Asked in Banking for Texas on
Q: How long do I have to cash a check?
John Michael Frick
John Michael Frick
answered on Dec 27, 2022

A bank is not required to honor a check dated more than 180 days before it is presented. A bank may honor the check anyway if it confirms funds are available.

There are some exceptions to this general rule. For example, checks from the US Treasury like tax refund checks are valid for one...
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1 Answer | Asked in Consumer Law, Civil Litigation, Collections and Banking for Texas on
Q: Wells Fargo had a writ of garnishment/levy in my bank account and an "order of Nonsuit without Prejudice". What is next?

Wells Fargo had a default judgment against me from the 67th District court in Fort Worth, Texas in 2019 for the credit card debt that I defaulted. I did not know about default judgment until they had a writ of garnishment/levy from the court dated 11/07/2022 and put the garnished amount($7,572.18... View More

John Michael Frick
John Michael Frick
answered on Dec 14, 2022

Your bank likely needs the Order of Nonsuit to release the garnished funds back to you.

Your HELOC lender likely needs a Release of Judgment concerning the default judgment to proceed with your loan.

I suggest you take the Order of Nonsuit to your bank and tell them you want your...
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1 Answer | Asked in Foreclosure, Banking and Appeals / Appellate Law for Texas on
Q: I was not aloud to state my case in a hearing last week what recourse options if any are available?

The hearing via Zoom had connection problems and was placed in waiting court claiming prior case running over time and would be called back in upon completion. After waiting 4 hours and several calls to check status and remain waiting 4 hours later I was informed the hearing was over they proceeded... View More

John Michael Frick
John Michael Frick
answered on Sep 1, 2022

If this was a final hearing (trial), you have a limited time within which to file a properly drafted verified motion for new trial and to obtain a written ruling from the court on such motion. There are many technical aspects to such a motion, so you need a competent attorney experienced in... View More

1 Answer | Asked in Banking, Civil Litigation and Real Estate Law for Texas on
Q: I did not sign closing paperwork for a home loan but it is in my credit report.

The transaction was not pursued by the buyer or seller and cancelled. The mortgage loan is present on my credit report showing the balance as open. That can't be legal?

John Cucci Jr.
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answered on Aug 9, 2022

You need to do an official dispute about the mortgage loan being on your credit report. It is important that you check all three (3) credit reporting companies. The same thing may be on all 3. Each agency has a web-based dispute center on their websites. You should follow-up next week to see if it... View More

3 Answers | Asked in Employment Law, Criminal Law, Banking and White Collar Crime for Texas on
Q: Don’t work for a company and that “company” sends you funds (cash app) can you keep it?

I’m being threatened by a make believe company that they will report me for stealing company funds. I do not legally work for them and they sent me funds over cash app. Since it was sent from cash app is it legally mine? They wanted me to be a money mule for them and convert it to Bitcoin for... View More

Elaine Jarvis
Elaine Jarvis
answered on Jun 17, 2022

Absolutely do not give this company any of your personal information. They are trying to phish you or obtain your personal details. There is a way on the cash app., I believe, to return the money, decline to accept it or report it as fraudulent. I would explore those avenues. The cash is not... View More

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3 Answers | Asked in Employment Law, Criminal Law, Banking and White Collar Crime for Texas on
Q: Don’t work for a company and that “company” sends you funds (cash app) can you keep it?

I’m being threatened by a make believe company that they will report me for stealing company funds. I do not legally work for them and they sent me funds over cash app. Since it was sent from cash app is it legally mine? They wanted me to be a money mule for them and convert it to Bitcoin for... View More

Elaine Jarvis
Elaine Jarvis
answered on Jun 17, 2022

Absolutely do not give this company any of your personal information. They are trying to phish you or obtain your personal details. There is a way on the cash app., I believe, to return the money, decline to accept it or report it as fraudulent. I would explore those avenues. The cash is not... View More

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3 Answers | Asked in Employment Law, Criminal Law, Banking and White Collar Crime for Texas on
Q: Don’t work for a company and that “company” sends you funds (cash app) can you keep it?

I’m being threatened by a make believe company that they will report me for stealing company funds. I do not legally work for them and they sent me funds over cash app. Since it was sent from cash app is it legally mine? They wanted me to be a money mule for them and convert it to Bitcoin for... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2022

This case is full of lots of legal issues. If the amount is over $300.00 that triggers many more issues. If someone sends you money by PURE mistake. You should send it back. If $ is sent with an expectation of participation in a scam, I would stop in my tracks and do nothing else until I had to.... View More

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1 Answer | Asked in Banking, Collections, Consumer Law and Contracts for Texas on
Q: I had a creditor (NFCU) take $1,700 from my savings account as a setoff from my previous credit card that was charged-

off in 2021, they do have a security interest disclosure in the their 2017 Credit Card agreement, however there was a ruling in Maryland in 2009/2010 that a creditor's disclosure for a security interest was not valid because it was on the second page of their credit card disclosure agreement.... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 28, 2023

Texas doesn't care what Maryland says, and if this was a trial court, no other judge in Maryland would care, either.

1 Answer | Asked in Consumer Law, Banking, Landlord - Tenant and Small Claims for Texas on
Q: I accidentally sent a Zelle payment of $1,700 to the wrong person. Can I sue to get it back?
John Michael Frick
John Michael Frick
answered on Jun 22, 2023

Yes, you can sue the person that you wrongly sent the Zelle payment to to get it back. At common law, this type of action was called "assumpsit." Now, it is clumsily called "money had and received."

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