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Texas Banking Questions & Answers
1 Answer | Asked in Banking for Texas on
Q: can i get compensation from a company for them logging into my bank account with out my consent multiple times

ive ran the ip info and it was pin pointed to what company and location

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

Yes. If you’ve accurately traced the IP to a particular company, you can sue them for whatever funds they have removed from your account without your consent.

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 Consumer Law and Banking for Texas on
Q: I am a truck driver and make fuel purchases thru a fuel card issued out ofOklahoma. This card provides me with

Discount fuel prices. I fund this card by a credit card. They charge me 4% when I add funds to this fuel card with my credit card. Is this legal to add this surcharge.

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

I would need to review your contract.

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 Banking and Collections for Texas on
Q: For 3 months my ex paid my bills when i lost my job Dec. 2021. March 2022 we broke up and he reported fraud to his bank

I had good credit history up until this- bills paid, maybe once or twice late. He has ruined my credit and I need help knowing what i can do.

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 22, 2022

Your post is confusing. Your boyfriend at the time paid your bills for 3 months when you were unemployed. You broke up in March 2022. He reported *what* as fraud? What does this have to do with your credit rating? You didn't connect the dots or dots are missing.

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... Read 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 Banking, Consumer Law and Contracts for Texas on
Q: I have a consumer loan with the APR of 17.92% and 56 mth term. Amount financed $18304.54 payment $479.00 mth. Can they

Truth lending page says I will pay $9077 for this loan. They also charge $6.70 per day on top of this APR cost which was not disclosed. They are taking 3 times the disclosed interest. They have my car title yet won't work with me on any level. The deceptive practice of hiding the daily... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Oct 24, 2022

I would have to read through the details, but there is more scrutiny on lenders that offer loans with interest rates above 10%. In situations like this, I look for areas where the lender failed to follow the law.

1 Answer | Asked in Criminal Law, Employment Law, Banking and Identity Theft for Texas on
Q: My roommate came home yesterday with cashiers check made out to him with his name misspelled the cashiers check was for

$34,000. The next morning he took it to his boss to get advise. His boss told him to just go home and then meet him at his house at 2pm and he (the boss) would take him to cash it. At some point the boss told my roommate that he would give him $1000. So he then comes home and tells me everything... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Sep 19, 2022

Roommate needs to find a new boss. Don't cash check or he will be in jail

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... Read 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... Read 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.
John Cucci Jr.
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... Read 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... Read 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... Read more »

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1 Answer | Asked in Criminal Law and Banking for Texas on
Q: My estranged husband asked me to cash a check for him. It came back fraudulent. Can I get in trouble?

Me and my husband have been separated for 2 years but are still friends. He asked me to cash a check for him for $1400 so I deposited it through the atm. The check is in his name and he signed it and I signed under his name. He ended up going to jail on some other charges. The money was never... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Mar 10, 2022

You could be charged as a party to a crime, Close your bank account , Do not give a statement to the bank or police if they call you. You will need to retain a lawyer if the police call you.

1 Answer | Asked in Banking for Texas on
Q: How do I get back my unartharized payments that family hearitage has been taking out of my account since may of 2019.

It was my ex wife's policy. She left me for another guy in 2019. Yet the payments continued to be withdrawn from my acount after several attempts to get them to stop payment in my account.

Anthony M. Avery
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Anthony M. Avery
answered on Jan 31, 2022

Your problem is with your own bank. Either get the bank to stop the payments, or withdraw funds and bank elsewhere.

2 Answers | Asked in Banking, Business Formation, Estate Planning and Real Estate Law for Texas on
Q: Can I get a loan for my current house, place it in LLC, rent it out, and use the money from the loan to buy a new house?

I am trying to find the best financial solution to invest in real estate. I have paid off my house and would like to move in 18 months. I like this house and would like to hold on to it as a rental property. I will need the proceeds, either through the sale of the house, or from obtaining a... Read more »

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 24, 2022

Yes, you can place your home into an LLC. I recommend that you meet with a business lawyer to assist you with this process. I also believe you should consider a revocable living trust, because you have homes in separate states. A revocable living trust will allow you to avoid probate court. With... Read more »

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1 Answer | Asked in Banking, Business Formation and Business Law for Texas on
Q: I want to file my DBA, can I shorten my DBA name or do I have include the entire name?

ie. The Bakery Shop vs The Bakery Shoppe Cupcakes & Treats

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 12, 2022

Yes, you can shorten your DBA name or use an entirely different name. I often work with clients to help them with this process.

2 Answers | Asked in Banking, Criminal Law, Identity Theft and White Collar Crime for Texas on
Q: Is there someone that can be held responsible for the headache this charge has caused me?

About myself: Besides a dismissal back in 2006 for Driving with Invalid License, and now this case, I have no other criminal history.

Recently, I was arrested due to having a warrant for one charge that was due to 2 hot checks I supposedly wrote at HEB, back in 2018.

I was confused... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Jan 9, 2022

Generally, a person has to pead guilty or "no contest" (which is the same thing as pleading guilty) in order for them to be placed on probation. And if you pleaded either of those, I'd say you are really out of luck. Then I would ask why you would do such a thing knowing you were not... Read more »

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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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