
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
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.

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
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

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

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
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

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.... View More
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.

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... View More
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

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

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... View More

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... View More
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

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
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

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.

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... View More
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

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... View More
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

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
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?

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
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

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
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

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
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

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
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

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.

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."
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.