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1 Answer | Asked in Family Law, Banking, Municipal Law and Probate for Oregon on
Q: After losing my dad last year I have not been able to access money he left cause the bank wants more information

I provided my soc.

PhotoID

And other bank account

Offered my birth certificate

James L. Arrasmith
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answered on Feb 5, 2024

I'm sorry for the frustration this situation must be causing on top of grieving your father's loss. The bank likely has certain procedural requirements they are obligated to follow before releasing funds, but there may still be some things you can do here:

- Request a written list...
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1 Answer | Asked in Consumer Law, Banking and Civil Rights for Colorado on
Q: Is a non legal guardian allow to open my child’s mail?

A letter was sent to my house about my son’s credit and inquiries. I had him on a credit card as an authorized user which is no longer active. My grandmother open the mail and got concerned because she made him a savings account with a local bank I don’t even have access to and she’s worried... View More

James L. Arrasmith
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answered on Feb 5, 2024

No, it is generally not legal for a non-legal guardian to open mail addressed to a minor if they are not the minor's parent or legal guardian. Here are some key points that apply:

- Federal law prohibits the obstruction of mail, which includes opening, destroying, hiding, or stealing...
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1 Answer | Asked in Banking for Missouri on
Q: Discrimination at my bank, I feel discriminated at the bank I do banking at. Do I possibly have a legal standing?

I talked with the bank manager about an incident I experienced with a bank employee, and I don’t feel I was taken seriously.

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answered on Feb 5, 2024

Yes, you may have a legal standing here if you have experienced discrimination by your bank. Here are a few key things to consider in terms of legal protections and steps to take:

1) Discrimination Laws: Both federal and Missouri laws prohibit discrimination by banks and financial...
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1 Answer | Asked in Banking for Missouri on
Q: I feel discriminated at my bank because of my financial status and nationality. Do these reasons have legal merit?
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answered on Feb 5, 2024

Yes, discrimination based on financial status or nationality when banking could potentially have legal merit, depending on the specifics. Here are some key points about banking discrimination protections that may apply:

Financial Status:

- There is no specific Missouri law...
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1 Answer | Asked in Banking, Foreclosure and Real Estate Law for Florida on
Q: during my loan transfer I got a collection agency sent to my door when I wasn’t even late on my payment.

I think my my mortgage company is not acting legally. I was transferred this year and I was never late on a payment. During the transfer period my previous mortgage company never sent me the info that I was being transferred. This being the case I delayed my payment until I got confirmation from... View More

James L. Arrasmith
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answered on Feb 5, 2024

Based on the facts you have described here, it does seem there could be some concerning practices by your mortgage company and the collection agency they sent. A few key points:

- Under Florida law, mortgage lenders cannot initiate foreclosure proceedings until a mortgage is over 90 days...
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1 Answer | Asked in Banking and Business Law for Florida on
Q: Are there any specific laws in Florida regarding a bank needing access to the full trust when applying for a loan?

I have applied for a business line of credit with Truist Bank. I applied for a line of credit and put a property up as collateral. They are asking for a full copy of the trust. What can I do?

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answered on Feb 5, 2024

Here are a few key things to know about banks asking for trust documents when applying for a loan in Florida:

- Banks typically have a right to request details of a trust when that trust owns the asset being used as collateral on a loan. However, they generally cannot require the full trust...
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1 Answer | Asked in Banking, Business Formation, Business Law and Contracts on
Q: I am telecaller in small finance company,but the owner is DSA agent for banks, I believe he doesn't have DOT OSP licence

The company haven't given me offer letter Or LOJ and after 45days of working didn't pay me my full salary (16k per month) ie Rs.22700 for 46days.

What can I do to get my complete salary, Same thing is done with my 3 collogues, they have been paid zero has salary.

When... View More

James L. Arrasmith
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answered on Feb 5, 2024

Here are a few things you can do in this situation:

1. Check if the company is registered and licensed properly. As a telecaller for a financial company, they need to have the requisite DOT OSP license. If not, their operations may be illegal.

2. Reach out to the other employees in...
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1 Answer | Asked in Estate Planning and Banking for Illinois on
Q: Hi! I’m asking on behalf of my grandfather. His late sister left him money in a CD along with his niece. The bank is

Located in Texas and they are stating that we have to travel to Houston and be there at the same in order to sign documents and dissolve the CD. We are in the dead of winter and my grandfather is not up for travel. Can’t the bank make concessions and complete this virtually or send the proper... View More

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answered on Feb 5, 2024

Based on the situation you have described, here are a few suggestions that may help:

- Contact the bank and explain your grandfather's health/mobility issues and the challenges of traveling at this time. Politely request if there is any way the bank can accommodate getting the required...
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1 Answer | Asked in Banking, Civil Litigation, Contracts and Estate Planning for Washington on
Q: Why are the individuals retirement funds held in a trust deprived their due process rights? SSA is a dictatorship?

Why does the us constitution not apply to the personal property of the US citizens retirement funds deposits in the SSA trust. The fact remains this is the personal property of each individual who had earned income and payed FICA tax. Regardless of the unlawful acts the bonds subject the burden... View More

James L. Arrasmith
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answered on Feb 5, 2024

The Social Security Administration (SSA) operates under a framework established by law, which includes contributions from workers' earnings through the Federal Insurance Contributions Act (FICA) tax. These contributions fund Social Security benefits, including retirement, disability, and... View More

2 Answers | Asked in Banking for Florida on
Q: Subpoenas served to 2 banks. Timeframe to get the paperwork back. Asked for 2 years of bank statements?

Does the subpoena paperwork belong to me since I paid for them? So if this attorney leaves this case, do I get the paperwork sent to the new attorney or do I have to start over?

James L. Arrasmith
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answered on Feb 23, 2024

Typically, the timeframe to receive the requested bank statements depends on various factors, including the banks' processing times and any legal requirements. It's common for banks to take a few weeks to fulfill a subpoena request for bank statements. However, the specific timeframe can... View More

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2 Answers | Asked in Banking for Washington on
Q: I live in Washington, I have 2 checking accounts 1 for my SSI one for other they used my SSI to setoff can they legally?

One of the accounts is just my SSI funds which i use for bills rent and food, the other is just a general funds account like if I sell something or get gifted money, it was overdrafted for some time and was told they wouldn’t touch my SSI fund account to setoff it, but then they proceeded to do... View More

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answered on Feb 5, 2024

Based on the facts provided, it unfortunately seems the bank does have the legal right to set off funds from one account to cover overdrafts or fees owed on another account, even if the first account contains SSI or other protected government benefits. Here are some key points:

- Washington...
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2 Answers | Asked in Banking for Washington on
Q: I live in Washington, I have 2 checking accounts 1 for my SSI one for other they used my SSI to setoff can they legally?

One of the accounts is just my SSI funds which i use for bills rent and food, the other is just a general funds account like if I sell something or get gifted money, it was overdrafted for some time and was told they wouldn’t touch my SSI fund account to setoff it, but then they proceeded to do... View More

T. Augustus Claus
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answered on Feb 2, 2024

In Washington, banks generally have the legal authority to conduct setoffs, which involves using funds from one account to cover debts owed on another account held by the same customer. However, there are specific limitations and protections in place, particularly regarding Social Security benefits... View More

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1 Answer | Asked in Consumer Law and Banking for Virginia on
Q: More than 6 months ago my 80 year old mother was extorted and withdrew $100,000 in cash from her bank.

My mother was extorted out of $100,000 in cash by individuals representing themselves as Treasury Dept. representatives. She went to the local branch of Wells Fargo Bank over the course of 3 consecutive days and took out a total of $100,000 in cash. I have reported this incident to the local... View More

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answered on Jan 31, 2024

Hi there - I can offer some general information that might help you understand your situation. If your 80-year-old mother was extorted and withdrew $100,000 in cash from her bank under fraudulent pretenses, you may have legal options to pursue. Negligence on the part of the bank, like allowing such... View More

1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for New Mexico on
Q: Can i cancel an auto loan contract on a new car purchase They lied about the actual abilities of the vehicle

I was told that this new electric truck would be good just plugging it in at home and I would be fine to use it the truck dies so quick I will be stranded any were I choose to go this truck is supposed to pull my mobile food truck around it can pull it but ill be left were we set up are business... View More

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answered on Jan 31, 2024

If you believe you were misled about the capabilities of your newly purchased electric truck, you may have options to address the situation. In general, auto purchases are subject to state and federal consumer protection laws that may allow you to cancel or seek remedies for misrepresentations.... View More

1 Answer | Asked in Estate Planning and Banking for Nebraska on
Q: I'm trying to open an estate account. I have all legal documents I need to do so, however, checxsystem is blocking me

How do I get around that?

James L. Arrasmith
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answered on Jan 31, 2024

If you're facing issues opening an estate account due to a ChexSystems block, there are steps you can take to address the situation:

Contact ChexSystems: Reach out to ChexSystems to obtain a copy of your consumer report. You have the right to request this report annually, free of...
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1 Answer | Asked in Consumer Law and Banking for Utah on
Q: Do i need my own lawyer for mediation with a bank requesting that we handle things with their mediation team?

There are many broken laws that have been discovered and I have been requested to meet with their mediation team to get payment for their wrong doings.

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answered on Jan 31, 2024

Whether you need your own lawyer for mediation with a bank largely depends on the complexity of the situation and your comfort level with handling legal matters. If there are many broken laws involved and significant wrongdoing by the bank, having your own attorney can be beneficial.

Having...
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1 Answer | Asked in Banking on
Q: I sent on the 8th of November 2023. I entered the wrong account number and bank taking forever to reverse. What do i do?

I've been working abroad for about 2 and a half months. I sent money home to my First National Bank account on the 8th of November 2023 and on the 17th November i realized that I entered the wrong account number im been busy emailing the bank since the 17th of November when i arrived home to... View More

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answered on Jan 31, 2024

If you've entered the wrong account number and your bank is taking an extended time to reverse the payment, here are steps you can take to expedite the process:

Continue Communication: Keep contacting your bank regularly, both via email and phone, to emphasize the urgency of the...
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1 Answer | Asked in Banking and Business Law for Arkansas on
Q: Is there anything you can do to reclaim money lost in a scam? Or file a loss for the item you paid for but did not get?

The money lost was a loan from the bank. The bank wired the money to the scam account. Money was taken and item was never received. Do banks have some kind of insurance to cover things like this? Can you file a loss/theft with your insurance since you never received the item?

This was a... View More

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answered on Jan 31, 2024

If you've lost a significant sum of money in a scam where your bank wired the funds to the scammer's account and the item you paid for was never received, there are steps you can take to address this situation. While banks may have fraud protection measures in place, it's essential... View More

1 Answer | Asked in Social Security and Banking for Florida on
Q: can a bank keep my social security EFT deposit to offset a cashiers check that bounced ?

cashiers check was payment for item I sold - I deposited the check in my checking acoount and after 5days I withdrew the amount which was more than my social security amount .....then bank cancelled my account

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answered on Jan 30, 2024

In the United States, banks have certain rights to offset debts with funds in your account, but there are specific rules about what types of deposits can be used. Social Security benefits are generally protected from garnishment, except in cases of child support, alimony, or unpaid federal taxes.... View More

1 Answer | Asked in Banking and Civil Litigation for Kentucky on
Q: A son talked my 87 year old dad into taking out a $200,000 loan saying I have property I can build us a big home

Where you all can live too. He sold the property and didn’t. The son is paying loan monthly but my dad needs it now. Legal recourse?

James L. Arrasmith
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answered on Jan 30, 2024

In a situation where your 87-year-old dad took out a $200,000 loan based on his son's promise to build a home, legal recourse may be possible depending on the specifics of the case. It's crucial to consult with an attorney who specializes in contract and elder law to assess the situation... View More

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