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Texas Banking Questions & Answers
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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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
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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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