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Texas Banking Questions & Answers
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.

1 Answer | Asked in Banking and Bankruptcy for Texas on
Q: lawyer has a lien how long with it take from them to release your bank account after they settle on payment a month
Timothy Denison
Timothy Denison answered on Mar 21, 2020

Give or take, about 30 days, yes.

2 Answers | Asked in Admiralty / Maritime, Banking and Tax Law for Texas on
Q: If a person is employed by a corporation and that person is then released from said corporation unethical

I was misinformed about my job duties, requirements, and compensation by my direct supervisor. When I attempted to gain clarity I was informed that I was being released due to the fact that I was on parole. This information was delivered verbally from company supervisor in corporation's... Read more »

David Ostrove
David Ostrove answered on Mar 15, 2020

You are entitled to a fair and complete explanation. You may contact the state labour board and request a hearing. A local labour law attorney who handles employees' claims may be helpful to you. You should request a full explanation from your former employer IN WRITING. Ask for a complete... Read more »

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1 Answer | Asked in Banking for Texas on
Q: my wife died. I have checks with both names.. how to proceed
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 25, 2020

If both of you owned a joint account then either of you can write checks on it, Close it and open a new one in just your name.

1 Answer | Asked in Banking for Texas on
Q: Can bank use funds from 2 party check that was deposited into my account to setoff my other account that has neg. balan

check was made out to me AND my mechanic. Wells Fargo used nearly $500 of the funds to cover an account I previously had that had a negative balance.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 23, 2019

The short order is yes. The Good News here is that you no longer owe Wells Fargo the $500 you used to owe them. The bad news is that you now owe your mechanic the same $500 you once owed Wells Fargo. In other words, you are now even.

(NOTE: FYI, all American banks who have customers or...
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2 Answers | Asked in Bankruptcy, Banking and Collections for Texas on
Q: I enrolled in a debt relief program and now I am getting sued by one of the cards that I enrolled in this program. Help!

I enrolled in a debt relief program and advised me to stop paying the credit card that I transferred to this program. I have not missed a payment since I enrolled and I am in good standing. Now, one of the cards is suing me for not paying and the debt relief program said that they can not give... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 10, 2019

A debt relief program does not mean the creditor has to stop collection activity on you. I suggest you speak to a debtor's attorney regarding your options as soon as possible.

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1 Answer | Asked in Banking and Contracts for Texas on
Q: In Texas, if I default on loan, a lender can recoup from my bank account? what if account is only in my wife’s name?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 4, 2019

It would depend on whether your wife has signed as a security interest on the loan as well and what exactly the loan is for. The lender may also have to first obtain a judgment. Another thing to consider is whether a credit union is involved. It's best to consult privately with a... Read more »

1 Answer | Asked in Banking for Texas on
Q: My brother and me visited my bank. I asked my banker to make him my power of attorney

They brought me their own form from the bank and had me and him sign it then she told me if he is approved by her supervisor they will email me allowing him access to my account . I asked her if approved by your supervisor ? It’s my bank and it’s been 3 days and with no response from them . Is... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 26, 2019

You may do your own power of attorney and take it to the bank. I would suggest having a lawyer do it so that you know it is drafted correctly.

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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