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2 Answers | Asked in Consumer Law and Banking for California on
Q: Citibank will not release my secured credit card deposit. Are their actions legal?

I had a secured credit card with Citibank that I placed a $400 deposit down on. I had the card for about 4 years and made my payments on time. I lost my job & was unable to pay the due balance ($315). Citibank closed my account, sold it to a collection agency and kept the $400 deposit. Now, I... View More

James L. Arrasmith
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answered on Mar 6, 2024

Under California law, the legality of Citibank's actions in retaining your secured credit card deposit while your account was sold to a collections agency depends on the specific terms and conditions of your secured credit card agreement and applicable financial regulations. Generally, secured... View More

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2 Answers | Asked in Civil Litigation, Contracts, Consumer Law, Banking and Gov & Administrative Law for California on
Q: Got atv fiance but didn't get any paperwork to register. Fiance company says they don't lease items that need regist.

California requires registered atvs to ride anywhere. Requested from store for months. Store has no Vin or serial number of item sold. Kafene doesn't lease items that need registering. Store is labeled a furniture store to kafene when it's a powerboat store. After 6 months of trying to... View More

James L. Arrasmith
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answered on Mar 5, 2024

In California, all ATVs (All-Terrain Vehicles) must be properly registered with the California Department of Motor Vehicles (DMV) for legal operation. If you purchased an ATV but did not receive the necessary paperwork for registration, this complicates your ability to use the vehicle lawfully. The... View More

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2 Answers | Asked in Civil Litigation, Contracts, Consumer Law, Banking and Gov & Administrative Law for California on
Q: Got atv fiance but didn't get any paperwork to register. Fiance company says they don't lease items that need regist.

California requires registered atvs to ride anywhere. Requested from store for months. Store has no Vin or serial number of item sold. Kafene doesn't lease items that need registering. Store is labeled a furniture store to kafene when it's a powerboat store. After 6 months of trying to... View More

Leon Bayer
Leon Bayer
answered on Mar 5, 2024

It sounds to me like you leased something that is meant solely for offroad use and is not street legal nor capable of being street legal in California. It is my understanding that atv's are not street legal. In fact I have never seen one being driven on a street or highway. I'm sure you... View More

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1 Answer | Asked in Banking and Business Law for Nevada on
Q: If square froze my account for suspicious activity and a check was returned are they responsible nfs returned check fee

On Thursday February 29th square bank froze my account for what they thought was suspicious on Friday march 1st a bill pay I initiated on Thursday was returned now the company I was paying the bill to wants an additional 100 dollars for the returned check fee is square responsible for that fee? I... View More

James L. Arrasmith
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answered on Mar 4, 2024

When your account with Square Bank was frozen due to suspected suspicious activity, and as a result, a check was returned, this situation understandably causes frustration and financial inconvenience. Banks and financial institutions have policies in place to monitor and act on activities they deem... View More

1 Answer | Asked in Real Estate Law, Banking and Contracts on
Q: My mom bought a house legally but I think she put me illegally on the mortgage is there away I can get my name removed?

I have been worried about having to pay the mortgage for 30 years as I’m not able to find work I don’t want to pay mortgage after her

James L. Arrasmith
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answered on Mar 4, 2024

If you suspect your name was added to a mortgage without your consent, it's crucial to act promptly to address this issue. The first step is to gather all the relevant documents and information related to the mortgage. This includes the mortgage agreement, any communication with the lender,... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Banking for California on
Q: Hello, I am looking for some advice for a legal issue. When I was 17 years old, I opened a credit card and a bank accoun

Hello, I am looking for some advice for a legal issue. When I was 17 years old, I opened a credit card and a bank account. Under all my information, such as social security number, name, address, everything was correct, except for the year of my birth, which I set to be 18 instead of my correct... View More

James L. Arrasmith
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answered on Mar 3, 2024

Addressing this issue involves taking proactive steps to correct the misinformation with the bank and credit card company. Contacting them directly to explain the situation and requesting guidance on how to amend your date of birth on your accounts is a good starting point. Most institutions have... View More

1 Answer | Asked in Contracts, Banking, Construction Law and Business Law for Colorado on
Q: I wrote out a painting bid proposal sheet and gave an estimate for work.to.be preformed. The bid asked for half pay

To start upon acceptance of bid. They called my business associate and said they accepted the proposal he then went down and got a check from the bank that wrote and signed the proposal for. He took the money and for the wro.g equipment for the job and pelht the rest of his money towards his... View More

James L. Arrasmith
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answered on Mar 2, 2024

In the situation you've described, where a business associate accepted a payment on behalf of your business for a painting job and then misused those funds, several legal and ethical issues are at play. Once a bid is accepted and a payment is made, the funds should be used as agreed upon in... View More

1 Answer | Asked in Contracts, Banking, Construction Law and Business Law for Colorado on
Q: I wrote out a painting bid proposal sheet and gave an estimate for work.to.be preformed. The bid asked for half pay

To start upon acceptance of bid. They called my business associate and said they accepted the proposal he then went down and got a check from the bank that wrote and signed the proposal for. He took the money and for the wro.g equipment for the job and pelht the rest of his money towards his... View More

James L. Arrasmith
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answered on Mar 2, 2024

When a bid for a painting job is accepted and payment is made, the expectation is that the funds will be used as agreed upon - to cover expenses related to the job, such as purchasing the right equipment and materials necessary to complete the work. Misappropriating these funds, especially for... View More

1 Answer | Asked in Banking, Civil Litigation, Contracts, Estate Planning and Identity Theft for California on
Q: I think my family and my husbands family forged tricked me and my husband forged and altered documents what can I do?

we keep having bank issues and we went to a bank and my father in law knew the bank employee and we found accounts opened illegally and are signatures forged them my brother said he worked fkr triple A bit its an interexchange insurance agency and they altered and misrepresented what tyoe of... View More

James L. Arrasmith
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answered on Mar 2, 2024

Under California law, if you suspect fraudulent activity, such as forged documents, identity theft, and unauthorized opening of accounts or businesses in your name, taking immediate action is crucial. First, consider contacting a legal professional with experience in fraud or financial crimes. They... View More

1 Answer | Asked in Contracts and Banking for Wyoming on
Q: How do I get my name off a car loan when I no longer have the vehicle?

So, long story short, I was in a 7 year relationship (not married) and we split up. Our Jeep was in both our names, with me being the primary. When we split, I couldn’t afford the payments because our breakup made me both homeless and unemployed. So, he kept the vehicle. I am no longer unemployed... View More

James L. Arrasmith
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answered on Mar 2, 2024

In your situation, it's crucial to understand your legal rights and options regarding the car loan. Since your name is on the loan, you remain responsible for the payments, regardless of whether you possess the vehicle. However, if your ex-partner is refusing to cooperate with refinancing or... View More

1 Answer | Asked in Banking for Pennsylvania on
Q: Are banks liable for their employees incomplete financial advice/professional negligence?

I went in person to deposit a check to ask the bank rep how long it'd take to clear to know if the money was good (new client) and was informed once the money showed up in my account that I'd know the check was legit. Bank rep failed to mention that the bank is legally required to deposit... View More

James L. Arrasmith
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answered on Mar 2, 2024

Banks typically have a duty to provide accurate and complete information to their customers, especially regarding financial matters. However, liability for financial losses due to incomplete advice or professional negligence can vary depending on the specific circumstances. While the bank... View More

1 Answer | Asked in Banking, Personal Injury and Probate for Ohio on
Q: I have a question about my late husband who is now passed

My husband had a stroke a few years back I took care of him as he was 24/7 care at home for almost a year ,well in that year I was driving out car that was in his name and someone hit my car wrecking it completely,it had to be totalled out i was also hurt in this accident went to court, even though... View More

James L. Arrasmith
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answered on Mar 2, 2024

Firstly, my condolences for your loss. Dealing with legal matters after the passing of a loved one can be overwhelming. In your case, since the check is in your late husband's name, you'll need to follow certain procedures to cash it. You should reach out to the issuing party or bank to... View More

1 Answer | Asked in Banking and Elder Law for Florida on
Q: My Aunt recently passed away and in her older years my mom’s name was on her bank. My aunt took out a forced loan

My mom was not aware of this loan nor was she in the loan. Is she still responsible for the amount owed?

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answered on Mar 2, 2024

In this situation, your mom's responsibility for the forced loan would depend on the specific circumstances surrounding it. If your mom's name was simply on the bank account for administrative purposes or as a joint account holder, it doesn't necessarily mean she's automatically... View More

1 Answer | Asked in Banking and Collections for Massachusetts on
Q: Can a creditor for a deceased person take money from a joint bank account

I am a joint owner of a bank account with my mother who recently passed. There is not a lot of money involved. She passed with several thousands of medical bills. Can they take the money in the joint account?

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answered on Mar 2, 2024

* If the bank account was jointly owned between you and your late mother, the creditor generally cannot take money from the account to pay off your mother's debts. Here are some key points:

* Joint bank accounts typically have a right of survivorship. This means that when one owner...
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1 Answer | Asked in Consumer Law, Criminal Law and Banking on
Q: Forgery of my signatures on Bank cheques & documents

Bank refuses to email me copies of cheques and documents for verifying forged signatures, and they insist I visit in person, despite my absence in town? Can they deny sharing documents via email when fraud is done for Lakhs of amount?

Are there any legal laws which enforce bank to show the... View More

James L. Arrasmith
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answered on Mar 2, 2024

Yes, there are laws that require banks to provide copies of documents related to potential fraud or forgery. Here are a few key points:

- Under India's banking regulations and RBI guidelines, banks have to thoroughly investigate any reported forgery, fraud, or misuse of a...
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2 Answers | Asked in Securities Law and Banking for New York on
Q: How can I get the $13k I have in a closed account that the bank refuses to send to me. Its been over a year.

Hi, I deposited a $13k annuity check into my individual brokerage account with ETrade, but the day it cleared my account was restricted pending ID verify. Phone camera was broken wouldn't take quality pics, so I knowingly altered and submitted a copy of an expired ID that was saved to my pc.... View More

James L. Arrasmith
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answered on Mar 2, 2024

It sounds like you're facing a frustrating situation with your funds held in a closed account. Given the complexity of the issue and the unsuccessful attempts you've made so far, it's advisable to escalate your complaint within ETrade's customer service hierarchy. This might... View More

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2 Answers | Asked in Securities Law and Banking for New York on
Q: How can I get the $13k I have in a closed account that the bank refuses to send to me. Its been over a year.

Hi, I deposited a $13k annuity check into my individual brokerage account with ETrade, but the day it cleared my account was restricted pending ID verify. Phone camera was broken wouldn't take quality pics, so I knowingly altered and submitted a copy of an expired ID that was saved to my pc.... View More

Allen Charles Frankel
Allen Charles Frankel
answered on Feb 29, 2024

Your issue may require a review of the terms and conditions that you agreed to when opening the account.

However, I would also recommend that you conduct a name search of the New York State Comptroller's Office of Unclaimed Funds. https://www.osc.ny.gov/unclaimed-funds. New York...
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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 Divorce, Tax Law, Banking and Collections for Washington on
Q: Me and my ex husband share a house. He went to prison and owes court fees and lawyer fees. Will I lose my house?

I want to keep the house, but I don’t want them to take the whole house from me since he doesn’t have money to pay them off.

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answered on Feb 28, 2024

When you co-own a house with someone who incurs significant debts, such as court fees and lawyer fees, there is a risk that creditors might target the property to recover what is owed. However, the extent to which your house is at risk depends on several factors, including how the property is... View More

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