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Texas Banking Questions & Answers
1 Answer | Asked in Banking and Consumer Law for Texas on
Q: Can my bank refuse to speak to an attorney that I retained to help handle my finances?

The customer service person said he needs to be granted a power of attorney first. I find that ridiculous. He is my attorney on retainer. They HAVE to work with him in that capacity- right?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 18, 2019

No they don't. This rule is very common in the financial industry. Why?

Because--other than your assurances--the bank has no other way of knowing the lawyer is who he says he is.

Stop and think this all the way through: The bank is protecting you--and all your money on...
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1 Answer | Asked in Consumer Law, Banking and Collections for Texas on
Q: Can Sprint take money out of my bank account if I closed it and opened a new bank account with the same bank?

Sprint has this clause in their fine print: "You agree that when you provide credit or debit card information at any time during the lease term (including any month-to-month period), you authorize us to charge the card for any and all amounts owed as provided above under “Remedies”

if... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 1, 2019

Assuming Sprint is collecting a valid debt, the answer is yes. Why? because The debt is your debt, not a debt owed by your old closed bank account. Caveat: If any creditor including Sprint finds any money of yours in any account at the same bank--possibly even including joint accounts--they can... Read more »

1 Answer | Asked in Consumer Law, Estate Planning, Banking and White Collar Crime for Texas on
Q: The SDPOA is a sad joke. By not specifically requiring signature on each page, it's being manipulated by fraudsters.

A criminal title company and mortgage lender allowed an unfaithful agent to have pages changed in the SDPOA *after* it was signed by the principal, turning a permission for limited and time constrained refinance into an open ended home equity loan permission (which is also in violation with federal... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Sep 23, 2019

Like many elder and estate planning lawyers, I not only customize the document and paginate in as page x of y but require initials, birthdate and date signed on every page. We cannot protect people who simply download and sign the statutory form. Consult an elder lawyer about a suit for fraud and... Read more »

1 Answer | Asked in Banking for Texas on
Q: 2 children-child support $700/mo. 1st turned 18-3 yrs ago. 2nd turns 18 in a week. Mother still wants $700. Options?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Sep 18, 2019

Look at your support order and adjust accordingly. If they're already outside of age then you need to file correct paperwork to stop support.

1 Answer | Asked in Banking for Texas on
Q: I purchased a vehicle on 7-24-19. The bank had me come in and sign my portion of the paperwork and issued a certified .

Check to the seller. My co-signer was supposed to go in later and sign. My co-signer backed out and didn’t sign but a certified check was already given to the seller. The bank now is threatening legal charges. What are my rights.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 31, 2019

Neither you--nor your cold-footed co-signer--have very few legal "rights" here. Unless you return the vehicle to the dealer--and also inform the bank where the vehicle has been taken--the chances are good that you will be seeing some legal papers that you may need some lawyer to explain to you. If... Read more »

2 Answers | Asked in Foreclosure, Real Estate Law, Arbitration / Mediation Law and Banking for Texas on
Q: If someone passes away with a mortgage can their children just give the house back to the bank and walk away?

The bank is saying the family has to keep paying the mortgage until the house is sold. She had cancer and there is no life insurance or money left in her account. They are also saying we are responsible for selling the house

Samuel B. Edwards
Samuel B. Edwards answered on Jul 20, 2019

Generally, yes, you can turn the house back over to the bank. The bank would typically have you sign a deed in lieu of foreclosure form. However, that is often not the best option. There are investors who specialize in buying properties "subject to" an existing mortgage and they will take over... Read more »

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1 Answer | Asked in Banking for Texas on
Q: can you sue a company who is with holding funds owed to you?

I am owed my retirement check from a former employer and keep getting the run around

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 11, 2019

Unless the amount exceeds $5,000 you can sue the company yourself--without a lawyer--in small claims court.

1 Answer | Asked in Banking and Foreclosure for Texas on
Q: Do I need to sue my mortgage company because they made a mistake in my escrow account?

We found an error on our escrow account analysis in January. When asked Flagstar about it, we got the run around, saying it was our fault. Back before October we got a letter stating it was time to renew home owners insurance. So we called, and we had to get the insurance company to fax Flagstar... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 25, 2019

Go with the answer you got: Stop everything until the bank gets it straightened out.

1 Answer | Asked in Banking and Communications Law for Texas on
Q: How much trouble am I in?

I was talking to a guy. He paid my credit card off. Then asked me to get him 350 dollars worth of gift cards to pay him back. I thought it was a scam and called then bank to have my account frozen and asked to have the payment sent back. But they guy is claiming that he can have me arrested

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 19, 2019

I am not licensed to practice law in Texas but I do know banking law very well. People who have their bank stop payment on something without any cause are considered in the same category as people who write bad checks.

If "the guy" who paid off your credit card did so using a valid check,...
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1 Answer | Asked in Banking for Texas on
Q: Someone paid my credit card bill. And then demanded that I get steam cards and pay him back. Can I get in trouble?

I called the bank to have the payment sent back but he is saying that he can have me arrested unless I pay him back.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 17, 2019

This makes no sense; you will have to add lots of facts before lawyers can understand you question.

1 Answer | Asked in Consumer Law, Copyright, Criminal Law and Banking for Texas on
Q: id="i.desc.309958765" 5/28/17

This I.D. is linked to a banking incident that occurred the same day my Wolfram Alpha files vanished from my iCloud email.

brymer2012@icloud

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 10, 2019

And your point is....what?

2 Answers | Asked in Criminal Law and Banking for Texas on
Q: How much time will I be making in jail for forgery financial instrument? My bond is 30,000 but I have no money to pay.
Gary D. Peak
Gary D. Peak answered on May 8, 2019

It depends on whether you are guilty or innocent. Whether you want to take a plea or go to trial. And whether you have a good attorney. It also depends on what kind of criminal history you have, if any. If you can't afford an attorney then you can request a court appointed. But, if I were you... Read more »

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1 Answer | Asked in Criminal Law, Banking and Social Security for Texas on
Q: PayPal card/account stolen and charged someone's Social security debit card. What will happen legally?

My friend's PayPal debit card was stolen and her account hacked. She's is being blamed for charging this lady's card by social security. The lady that has her card used gets disability. My friend didn't do it but has no way to prove she didn't do it. They said they are putting a warrant out for... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 28, 2019

Fortunately, she doesn't have to PROVE it wasn't her. The prosecutor has the burden to prove it WAS her. Your friend needs reasonable doubt that it could have been someone else... that she too was a victim of identity theft. Unfortunately, she is starting from a difficult position if she didn't... Read more »

1 Answer | Asked in Banking for Texas on
Q: What does all of this mean I got the (Medal of Honor) by Harris originals

Along with that is several degrees awarded to me in addition to a diamond necklace an ear rings.. When I looked up what it all meant I was directed to an attorney

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 15, 2019

Although your question does not contain enough factual information to allow an online lawyer here on Justia to answer, it appears to me that you may have been bilked out of whatever amount of money you paid for this "honor."

S--if you were "directed to an attorney" when trying to find out...
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1 Answer | Asked in Criminal Law, Banking and Collections for Texas on
Q: I rcvd a letter from DA for hot chk saying I had 10 days to pay in full. I don’t have that cash, would they accept arr.?

I wrote an NSF chk for over $1500 a couple months ago and deposited in another of my bank accounts, thinking one bank would approve the overdraft. The chk cleared, I used the funds and then it bounced. I had the intention to pay but couldn’t receive the funds I was expecting. So I tried to make a... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 3, 2019

Intentionally writing a worthless check in the amount you did is a felony in most if not all states in America. Since you did not accept the bank's offer to allow partial payments toward resolving the issue, the bank pressing the charges does not have to do anything more.

Advice: Your full...
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1 Answer | Asked in Banking for Texas on
Q: Can bank put ex on "single mother" program that changes mortgage terms without me and yet still report to my credit?

Ex wife got house in divorce and several years ago she told me she was put on a "single parent" program that lowered the payments. Now bank is reporting to my credit late/not paid on mortgage. If they changed the terms of the loan without my involvement can it still be on my credit?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 27, 2019

Unless you and your ex actually changed the deed to reflect what happened in your divorce the house is still in both of your names, and nothing has changed as far as the bank is concerned. That also means when the lender reports late payments to the credit organizations they are probably reporting... Read more »

2 Answers | Asked in Banking and Probate for Texas on
Q: USAA HAS LOST ORIGINAL JTWROS SIGNATURE CARDS FOR PARENTS LARGE ACCOUNTS

USAA IS ACTING LIKE "THE DOG ATE MY HOMEWORK" - THESE ACCOUNTS WERE GIVEN TO ME

VIA TOD BY MY MOTHER WHO SURVIVED MY FATHER BY ONE YEAR.

THERE IS GOING TO BE A PROBATE FIGHT OVER THESE LARGE ACCOUNTS UNLESS WE CAN

PROVE JTWROS (WHICH IS ON THE STATEMENTS SINCE 1990) VIA... Read more »

Ben F Meek III
Ben F Meek III answered on Feb 21, 2019

This is a fact intensive issue that will turn on the evidence you can gather to show that her intent was to name you as TOD beneficiary. Gather every document that has to do with their dealings with USAA, their financial advisor, banks, brokerages, etc., and anyone else in the chain of... Read more »

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1 Answer | Asked in Banking and Tax Law for Texas on
Q: Do minors need to pay income tax?

I am a full-time student in high school. I've recently submitted some music to a music licensing company, and I am in the process of working out a contract with them. I am under the age of 16, and I believe I am claimed as a dependent on my parent's tax returns. According to the sample contract,... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 19, 2019

Yes, if you have $400 or more of self-employment income you'll need to file a 1040.

How much income you have will determine whether your parents can still claim you as a dependant.

There is a difference between royalties from music and Self-employed Independent contractor income...
Read more »

2 Answers | Asked in Banking, Civil Litigation, Criminal Law and Federal Crimes for Texas on
Q: How do I get defense from electronic harrasment from organized criminals using electromagnetism
Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 28, 2019

A "Faraday cage" can shield against unwanted electromagnetic intrusion but that is a discussion for a science and physics forum.

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1 Answer | Asked in Banking and Personal Injury for Texas on
Q: My question is my ex-business partner and I before our business got going good we opened a mutual personal bank acct.

At my bank I had two personal active bank accts one in just my name, and one in my name and my mothers name After my bus. partner and I opened our acct. he started helping himself to my two personal bank accts He made telephone transfers 20K worth. Drawing money out of my personal accts. and... Read more »

Daniel John Christensen
Daniel John Christensen answered on Jan 15, 2019

I am so sorry to hear about this happening to you. While this is not the type of law we practice, I would encourage you to contact the State Bar Lawyer Referral Service and ask for a business litigation attorney. Good luck.

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