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Texas Banking Questions & Answers
1 Answer | Asked in Banking, Business Formation and Business Law for Texas on
Q: My friend and I want to start an investment LLC but we have stipulations we’d like to get in writing to legally outline

We have the idea but need to know what we’re missing since we feel that we’d need a lawyer to help us fill in gaps and assist us with questions as well

Teri A. Walter
Teri A. Walter answered on Aug 30, 2021

You need to contact a business lawyer in your area to discuss exactly what you mean by "an investment LLC" and what "stipulations" you want. It's possible that you're trying to do something you need to be licensed for, and/or for which you need to register the securities being sold.

1 Answer | Asked in Consumer Law, Criminal Law, Banking and Identity Theft for Texas on
Q: My bank fraudulently approved another who stole $65,700 from my savings. They won’t return. Much more
Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 6, 2021

Contact law enforcement if you believe a crime was committed. Contact a civil attorney if you want to file suit for return of the money.

1 Answer | Asked in Banking for Texas on
Q: I want to deposit 15k cash from years of my birthdays and graduation parties. How am I suppose to prove it’s legal money
Kacie Marie Czapla
Kacie Marie Czapla answered on Jul 11, 2021

Just deposit it. You don't have to prove it is legal money. If you are charged with theft or embezzlement etc., the government has to prove it is illegal money, not you.

2 Answers | Asked in Criminal Law and Banking for Texas on
Q: Can I take money from my girlfriends account without her permission if i have a right to the money and access to accoun

We lived together for a year and she took out a ppp loan under my company. And has all funds in her accountand holds it iver my head. I have access to accounts. But have not been told I can touch the money. Nor have i been told no i want to take some and get out this relationship. Is the matter... Read more »

Boe Lynn Bowen
Boe Lynn Bowen answered on Jun 16, 2021

This is a complicated issue that can go several different ways. Just because you have access does not mean you have rights to access. By your own admission you do not have permission to touch the money. She may say you exceeded the scope of the access granted.

On the other hand you have...
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1 Answer | Asked in Consumer Law, Banking and Domestic Violence for Texas on
Q: someone gives a car 2 u, permanently, what must they legally do? Father gave 2000 suburban 2004. Need title 2 insure

Since I got a protective order against son (stalking, drug charges, child abuse) his father helping by leaving me unable to drive even this vehicle I rebuilt all year. My ex took the Denali, trying to put me and children on the street.

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 30, 2021

This question is tagged for both Georgia and Texas. I don't know anything about Georgia, but in Texas, the proper method to give a vehicle as a gift requires both the Giver and the Recipient to sign an "Affidavit of Motor Vehicle Gift Transfer" and an "Application for Texas... Read more »

2 Answers | Asked in Consumer Law, Banking and Social Security for Texas on
Q: Caught in a fraud scam my checking is overdrawn thousands. Can my bank take my social security in savings to pay that?

Both pension and social security go to savings but checking is overdrawn. Can they take that to pay off what is owed in checking?

Teri A. Walter
Teri A. Walter answered on Mar 18, 2021

Probably, yes. The bank's account agreement probably gives them the right to offset what's due on one account with what's in another, even if the funds deposited there were exempt before they we deposited. You may want to contact them and work out some payout arrangement on the... Read more »

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2 Answers | Asked in Estate Planning, Banking and Probate for Texas on
Q: Who is responsible for Bill's such as electrity and water and car payments and insurance payments when someone dies

Father died back in 2019 in july verbally naming brother as PR of estate. Wondering if him charging the estate 35 dollars an hour and saying that he has 958 hours of work on the estate is unreasonable or if the judge will see that as unreasonable. He says hes done extraordinary measures the whole... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Feb 11, 2021

The estate is responsible for the bills. It matters not what your father said. If he did not leave a Will which has been submitted to probate (proving that it is his Will), anyone can apply to the court to settle the estate. After the court has appointed that person administrator, he may charge... Read more »

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1 Answer | Asked in Banking for Texas on
Q: can someone garnish wages from a bank without notice??

My wife's Chase account had $24,000 garnished for something? 800 percent penalty???

no notice, no certified letter, nothing served not even mail was sent out.

Teri A. Walter
Teri A. Walter answered on Nov 25, 2020

The vast majority of garnishments are done After a judgment has been awarded, so the notice would have been (at least) notice of the suit by a process server, and notice of the judgment, usually by mail. After Judgment, the creditor is not required to tell you they're going to garnish your... Read more »

1 Answer | Asked in Banking, Business Law and Consumer Law for Texas on
Q: Is there anything that can be done about car dealerships that offer “guaranteed financing” then they do not honor it?

Multiple dealerships locally offer “guaranteed financing” stating that there is no credit check, “your job is your credit”.. my ex wife ruined my credit. So when I needed a replacement work truck I went to several of these type of dealerships. Just for them to run my credit and turn me... Read more »

Kacie Marie Czapla
Kacie Marie Czapla answered on Oct 6, 2020

The State of Texas is unique in that there is a division of the Attorney General's office that handles consumer protection issues. I would contact them.

1 Answer | Asked in Banking, Business Formation and Business Law for Texas on
Q: Can payments made out to my actual name be deposited in the LLC bank account as a pass-through then pay myself a salary?

I'm an insurance agent hired as a 1099. I formed the LLC w/ S corp tax designation, but my agency can't pay my LLC unless it is licensed with the state. That requires I carry a 500k E&O policy, which costs approx. 1k/yr. Would I be able to deposit checks made out to my name into... Read more »

Kacie Marie Czapla
Kacie Marie Czapla answered on Oct 6, 2020

I don't see any reason why you could not do this provided you 1) ensure your salary is reasonable based upon fair market comps 2) issue yourself a W-2 at year end 3) pay estimated payroll tax payments monthly (or bi-monthly depending on how often you are paid...ask an accountant) 4) file 940s... Read more »

2 Answers | Asked in Banking and Probate for Texas on
Q: My husband needs help getting access to his dead father's bank accounts.

My father in law passed away in June 2020. My husband has presented all documentation to the bank within 2 weeks of his dad's passing. However, the bank keeps giving him the runaround. The bank won't provide any information as to any of his dad's accounts or when they will be... Read more »

Isaac Shutt
Isaac Shutt answered on Sep 25, 2020

I can imagine that there could be one of two problems:

First, it could be that the bank requires "letters testamentary" or a "small estate affidavit." These can be required by the bank, and you can only get them by going to probate court. If your father in law had a...
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1 Answer | Asked in Banking for Texas on
Q: Can a bank close you account and keep your money, when you do not owe them any fees?
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jul 22, 2020

A bank would not close your account and keep your money without a legal reason. If you have any loans with the bank and have defaulted in payments the bank may debit any sums due from funds available in deposit account. Also, if the bank receives a levy or garnishment, it usually has the right (you... Read more »

1 Answer | Asked in Divorce and Banking for Texas on
Q: Can I take my name off of a checking account his money goes into and make it to where we can not transfer money.

We have two checking accounts. My name is also on the account his deposit goes into. I have another checking account where my deposit goes. Am I able to take my name off the one account and make it to where we can not transfer money from one actor the other.

Kelly Case
Kelly Case answered on Jul 8, 2020

Your question would need to. have a lot more information before anyone can answer definitively. If divorce petition has been filed, then you will need to review the County Standing Orders to determine what you may or may not do. This is totally different in each county. If divorce has not been... Read more »

2 Answers | Asked in Banking and Family Law for Texas on
Q: My mom and dad are separated but not legally divorced. Is her personal bank account at risk if he got into a lawsuit

We all currently live in the state of Texas for now. They have a joint account and then she has a personal account with only her name on it. I am trying to figure out if he or someone else could take money from her account in this case due to a lawsuit. If so, what can we do to protect her account?

Chad Zubi
Chad Zubi answered on Jun 14, 2020

Everything acquired during marriage, regardless of whose name is on it, is community property which is subject to a just and right division. The items that are not community property are called separate property and consist of items that are gifts, inheritances, and personal injury awards other... Read more »

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1 Answer | Asked in Banking and Real Estate Law for Texas on
Q: What to do if co-owner doesnt want to sell the house?

Long story short story. Me and my ex partner got a house under our names. Now since we not longer together she wants to sell the house. Wich in the other hand i dont want to sell the house cause we only have had the house for lil less than 2 years. I have given a lil over 28k towards the house.... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 14, 2020

You may have to buy her out and get a Quit Claim Deed. She can file a Partition Action at any time. It will be almost impossible to remove her from the mortgage note without a refinancing solely in your name.

1 Answer | Asked in Real Estate Law, Adoption, Banking and Elder Law for Texas on
Q: If a judge comes to a judgment but my attorney did not notify me about court and went in to court and the judge ruled wi

The judge did not even here or see my evidence of fraud or abduction or holding a love one hostage or the stolen car insurance money .and I lost property , my love one , my money stolen from account .what should I do or how can I get justice !! Who do I contact? Or tell ? Do I fire my lawyer and... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on May 11, 2020

The State Bar of Texas has a client dispute resolution process. You may want to avail yourself of it.

1 Answer | Asked in Banking, Business Law and Tax Law for Texas on
Q: Is it legal for a CPA to charge my small business a 10% fee for filing ppp loan application?

We did not sign an agreement. The CPA did not mention any fees until after we got the loan & he sent an invoice for $9,000!

D. Mathew Blackburn
D. Mathew Blackburn answered on May 2, 2020

Did you sign an agreement for that fee?

1 Answer | Asked in Banking and Business Law for Texas on
Q: Can a bank put a minumum limit on a govt loan? I called other banks and no one else has a minimum limit on the PPP loan

I tried to escalate the question with my bank and recieved no response. I believe they are unlawfully applying rules to prevent small buisnesses from applying for the loan. A manager friend at Bank of America informed me there should be no minimum limit. I also called another bank down the street... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 7, 2020

All banks are different; and many of the larger banks will not fool around with tiny business loans. Why? Because it costs them the same amount of money to do all the paperwork for tiny loans as it does for larger loans. Keep calling, primarily to the smaller banks in your area.

2 Answers | Asked in Bankruptcy, Banking and Civil Litigation for Texas on
Q: My husband and I have our finances separate. We file jointly for taxes. Can I file individual bankruptcy.

We file jointly because of a nuance in student fedloans that prevents us from filing separately. I am completely broke and have accounts closing out.

I need to file, we have no joint assets- the only joint thing we have is our taxes. I fear that because our taxes are joint that it may... Read more »

Mr. J. Thomas Black
Mr. J. Thomas Black answered on Apr 1, 2020

You can file bankruptcy without your husband, whether you file taxes jointly or separately. However, if your debts are primarily consumer debts, and you are married and living together, his income is counted in the "means test" that determines if you qualify for chapter 7 or the minimum... Read more »

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1 Answer | Asked in Banking, Civil Litigation, Bankruptcy and Civil Rights for Texas on
Q: If you paid off your account and the lawyer put a lien on my bank account. I have summited the paperwork already to him.

My wife payed of the account with another lawyer firm but this lawyer never did the research and froze my bank account how long will it take for him to release my bank account and give us our money back. Also can I file a suite against him

Timothy Denison
Timothy Denison answered on Mar 21, 2020

If you owed no money on the debt at the time the bank account was seized, you may have a claim for wrongful execution against the lawyer.

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