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Texas Banking Questions & Answers
3 Answers | Asked in Banking, Business Formation, Business Law and Gov & Administrative Law for Texas on
Q: How do I deposit a refund check from insurance company for a LTD that has been dissolved.

I had a LTD business that is now dissolved. Since its dissolution I received a refund from an insurance company for overpayment of services. I have tried everything to deposit this check. The insurance company will not reissue it and I cannot sign it over to a third party. I am wondering if I can... View More

John Michael Frick
John Michael Frick
answered on Jul 18, 2024

Endorse the check on behalf of the company over to yourself as an individual and deposit it in your individual account.

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1 Answer | Asked in Banking and Collections for Texas on
Q: If your vehicle was repoed do they have the right to seize your bank account? I live in Garrison Texas I have an account

An account at cadence Bank in Garrison Texas they have froze my bank account because of this repoed car is that legal

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

Generally speaking, a lender on a vehicle loan cannot freeze funds on deposit at a different bank or financial institution without filing a lawsuit and obtaining a pre-suit writ of garnishment.

Banks and financial institutions often ask their own customers to agree that, if the customer...
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1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Banking for Texas on
Q: I am one day away from closing on a home, but underwriter denied the loan .how can i get my earnest money deposit back ?
John Michael Frick
John Michael Frick
answered on Jul 2, 2024

If your earnest money contract included the standard Third Party Financing Addendum and the box at the top of section 2 A is checked, obtaining Buyer Approval by the financing entity was a condition precedent and you are entitled to give notice within the days specified in that section terminating... View More

1 Answer | Asked in Banking, Business Formation and Business Law for Texas on
Q: I want to sue regency bank. I’m in Tx, ex business partner is in Oldsmore,FL.

My business partner and i created a bank account. He set it up in Fl and signed for me to be on bank account. We are both owners splitting 50/50 % ownership.

I transfer 80k into business account. Which is everything to my name at the moment.

I thought both owners had to be on... View More

John Michael Frick
John Michael Frick
answered on Jun 11, 2024

Without reviewing the account application, company agreement, and company banking authorization, it is impossible to say based on your description if the bank was negligent. Importantly, as an owner of the company, it was clearly your duty to make sure the account application, company agreement,... View More

1 Answer | Asked in Contracts, Real Estate Law, Tax Law and Banking for Texas on
Q: if someone doesn't get notified about a death or a court order or get any of the notices due to everyones agreed not to

like information on DNA or real parents or being part of DoD research in hawaii 68 thru 75 to present and not by choice

James L. Arrasmith
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answered on Jun 11, 2024

I understand this is a very difficult and painful situation. If someone was subjected to research without their knowledge or consent, especially as a child, that is a terrible violation of their rights. Not being informed about important life events like the death of a family member or court... View More

2 Answers | Asked in Banking for Texas on
Q: I lost my job. I cannot make the car payments. Can I give it back? I have never been late
Tim Akpinar
Tim Akpinar
answered on Jun 4, 2024

Speak with the lender. The route you contemplate is better than repossession, but it would still be advisable to have a discussion with the lender about what options are available, per the financing agreement. I hope things turn around for the better and you find another job soon. Good luck

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2 Answers | Asked in Banking for Texas on
Q: I lost my job. I cannot make the car payments. Can I give it back? I have never been late
James L. Arrasmith
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answered on Jun 2, 2024

Losing your job and being unable to make car payments is a difficult situation. You have the option to voluntarily return the car to the lender, which is known as a voluntary repossession. This means you give back the car willingly before the lender has to take it back. While this can help you... View More

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1 Answer | Asked in Banking and Collections for Texas on
Q: My friend said to sign a check with our names on it. She wants half despite owing me more.

I informed her of the check when I got it from my school loans and it had her name on it. We filed taxes together and it was held for my school loans. she said sign her name. I did. I deposited into my account. She owes me significantly more than "her half" of the check. She is now... View More

John Michael Frick
John Michael Frick
answered on May 28, 2024

More information is required. People typically cannot "file taxes together" unless they are married. Checks for school loans are almost always made payable to the borrower to whom the loan was made, not to two "friends." They typically aren't even made payable to both a... View More

1 Answer | Asked in Tax Law, Banking and Employment Law for Texas on
Q: I was on ADP when I noticed a stub that I never received for 11,000 is there a reason

Happened November last year also no W2 just want to know why someone would do that

James L. Arrasmith
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answered on May 3, 2024

Hi there! I can provide some general guidance on why there might be a discrepancy and what you can do about it.

Reasons for a payroll stub without receiving the funds:

1. Administrative error: It's possible that a clerical mistake resulted in the generation of the stub without...
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1 Answer | Asked in Banking, Business Law, Consumer Law and Contracts for Texas on
Q: BCHAPTER III - CREDIT REPORTING AGENCIES Sec. 1681i - Procedure in case of disputed accuracy.. how to check

I might have a case for this but I wanna make sure...

Matthew McKenna
Matthew McKenna
answered on Apr 26, 2024

In order to get procedures from a credit reporting agency, you'll likely need to sue them and ask for the procedures in discovery. They will likely only hand them over under a protective order. I would contact a consumer protection attorney that is familiar with the Fair Credit Reporting Act.

1 Answer | Asked in Contracts, Employment Law, Estate Planning and Banking for Texas on
Q: Statues of limitations where do I send annuity checks that were written 2010?

I called Nationwide Bank to get canceled checks of my annunity checks that were cashed by someone else in June of 2010. The representative at Nationwide bank told me I had to report it to the Department of Labor, I called DOL, I was told they didn't handle this. Can anyone tell me who I can... View More

James L. Arrasmith
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answered on Apr 21, 2024

I apologize for the confusion and difficulties you are facing regarding your annuity checks from 2010. Here are a few steps you can take to address the situation:

1. Contact the annuity provider: Reach out directly to the company that issued the annuity. They should have records of the...
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1 Answer | Asked in Banking for Texas on
Q: about three weeks ago my checking account with so fi bank was frozen. I cannot get any answers as to why this happened

I cannot remove the approximately $3000 in there. I am a widow who lives alone on a fixed income. what can i do?

James L. Arrasmith
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answered on Mar 30, 2024

I'm sorry to hear about your situation. Having your bank account frozen without explanation can be very stressful, especially when you rely on that money for your living expenses. Here are a few steps you can take to try to resolve the issue:

1. Keep trying to contact SoFi Bank:...
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2 Answers | Asked in Banking and Collections for Texas on
Q: A bank is holding my car title as collateral for a separate car loan that they charged off 5 years ago.

Right after the rep processed my final car payment over the phone, she told me they wouldn’t be giving me my title until I paid the charged off $6k for a separate vehicle loan I had through them. Can they legally hold the title on my paid off vehicle until I pay off a separate vehicle loan for a... View More

James L. Arrasmith
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answered on Mar 2, 2024

It's understandable that you're concerned about your situation. However, it's important to know that a bank cannot typically hold your car title as collateral for a separate loan unless it's explicitly outlined in the terms of the loan agreement you signed. In most cases,... View More

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2 Answers | Asked in Banking and Collections for Texas on
Q: A bank is holding my car title as collateral for a separate car loan that they charged off 5 years ago.

Right after the rep processed my final car payment over the phone, she told me they wouldn’t be giving me my title until I paid the charged off $6k for a separate vehicle loan I had through them. Can they legally hold the title on my paid off vehicle until I pay off a separate vehicle loan for a... View More

John Michael Frick
John Michael Frick
answered on Feb 29, 2024

Likely yes. This is called cross-collateralization. In many secured loans, the collateral is pledged not only for the purchase money loan to buy the collateral (in your case, a car) but also for any other loan made by the lender.

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1 Answer | Asked in Banking, Civil Litigation and Identity Theft for Texas on
Q: what court would a creditor lawsuit be filed in? my guess is they are civil due to monetary damages being sought.

I had a large sum of money go missing with a prior bank I had accounts at, trying to figure out what happened and who is responsible(creditor) who potentially filed the creditor suit so I can go sue them. Am a beneficiary of an irrevocable trust.

James L. Arrasmith
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answered on Feb 23, 2024

In most cases, creditor lawsuits are indeed filed in civil court, particularly when seeking monetary damages. If you suspect that a creditor has filed a lawsuit against you or the entity you represent, you should receive formal notification from the court. This notification typically includes... View More

3 Answers | Asked in Banking and Collections for Texas on
Q: where can I lookup default judgements on myself?

money went missing from my bank account and credit score dropped. indication of a creditor lawsuit likely. where may I lookup default judgements?

James L. Arrasmith
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answered on Feb 25, 2024

If you suspect that a default judgment may have been entered against you, there are several steps you can take to look it up. Start by checking the public records in the county where you live or where the creditor may have filed the lawsuit. Many court systems offer online access to their records,... View More

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2 Answers | Asked in Banking for Texas on
Q: What to do when i revoke permission for automatic payments from a financial company, but they are still taking the money

I revoked automatic payments due to the funds not being there, and caked them to make a payment arrangement for the following pay day. After I made my payment manually, they still auto drafted the payment resulting in overdrafting my account plus an overdraft fee. This isn't the first time.

James L. Arrasmith
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answered on Jan 22, 2024

If a financial company continues to take automatic payments after you have revoked permission, you should first contact the company directly and formally. Provide them with evidence of your request to revoke permission, such as dates and details of the conversations or any written communication.... View More

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2 Answers | Asked in Consumer Law, Banking and Identity Theft for Texas on
Q: I'm concerned I might have some identification theft issues, Can you help with that?

I have made several scientific breakthroughs and provided them publicly and have had many security questions and issues related to it. I could use some legal guidance. Perhaps you could help?

James L. Arrasmith
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answered on Jan 17, 2024

If you're concerned about identity theft, especially in the context of publicizing scientific breakthroughs, taking proactive steps is essential. First, monitor your financial accounts and credit reports regularly for any unauthorized activities. You can obtain free credit reports from major... View More

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2 Answers | Asked in Consumer Law, Banking and Identity Theft for Texas on
Q: I'm concerned I might have some identification theft issues, Can you help with that?

I have made several scientific breakthroughs and provided them publicly and have had many security questions and issues related to it. I could use some legal guidance. Perhaps you could help?

Sheldon Starke
Sheldon Starke
answered on Jan 16, 2024

Privacy laws are generally determined on a state-by-state basis. However there are a number of federal laws involved in the subject matter. You also need those of us who are experienced in government because it is not clear exactly what the nature of your discoveries are or who they involve. There... View More

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1 Answer | Asked in Collections and Banking for Texas on
Q: I’m not sure what type of lawyer I need. Shell federal credit union is suing me for debt collection.
James L. Arrasmith
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answered on Jan 14, 2024

In your situation, seeking the assistance of a consumer protection attorney or a debt collection defense attorney would be advisable. These attorneys are experienced in handling cases involving credit unions and debt collection matters.

They can provide guidance on how to respond to the...
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