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California Banking Questions & Answers

1 Answer | Asked in Contracts and Banking for California on

Q: Is there a way to find a copy of check that was supposedly cashed in 1987?

I called my place of employment where I would have gotten my pension check from. I called Merryl Lynch also, the distributor of check and they had no record. This would have been in 1987. Please assist. I only know they said it was a check from Bank of America. Thank you.

Bruce Alexander Minnick answered on Aug 13, 2019

Knowing banks and bankers as well as I do, I am sure there is a copy of this check somewhere--or perhaps the original cancelled check is buried beneath 100 tons of stuff kept in storage by the bankers--who keep everything forever.

So, yes, there might be a way to find a copy; however, the...
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1 Answer | Asked in Banking and Employment Law for California on

Q: There were overdraft fees charged by my bank due to bounced check from the employer. Can I ask employer to pay the fees?

The paycheck was around $1,800 and it was bounced. Due to that fact, bank charged me $35 of penalty. Also, there were few overdraft charges due to unannounced and bounced paycheck.

Bruce Alexander Minnick answered on Aug 7, 2019

Yes, you can ask your employer to reimburse you. However your employer may not do it.

1 Answer | Asked in Banking for California on

Q: If someones married but separated, one them connects their bank account with the other without the other knowing and

Cleans their account out within a weeks Time. Is that legal? Even though the one is saying that the other is saying that they said it was OK to join account even though it’s a lie

Bruce Alexander Minnick answered on Jul 25, 2019

Bank fraud is NEVER "legal" even if it perpetrated by the spouse of the person injured by the fraudulent acts. Now before you come back and ask if the bank can be held liable for the fraud committed by a married customer, the answer is no. However, upon proper proof the bank could possibly be held... Read more »

1 Answer | Asked in Banking and Real Estate Law for California on

Q: 26 have a net worth not know about taken advantage of by family and people trying to find out truth

In a position where I'm able to sue people who took advantage if know the truth I got answers I'm tired of my living situation and people making false statements againts me

Bruce Alexander Minnick answered on Jul 16, 2019

There is nothing about your question and facts that makes enough sense for lawyers to respond.

1 Answer | Asked in Estate Planning, Probate and Banking for California on

Q: How do you petition the court to rule other intent under ca probate code 5302 subdivision a

I have a will that states that my mothers joint bank accounts her half of the community property is mine. The law states that joint bank accounts pass to the survivor unless there is other intent which her will clearly states as well as the letter to my father saying that there joint accounts were... Read more »

Richard Samuel Price answered on Jul 9, 2019

There isn't a form for that. You would have to draft a petition on pleading paper. Does the will specifically mention the joint account? Ordinarily, a will does not override a joint account.

1 Answer | Asked in Banking, Estate Planning, Family Law and Probate for California on

Q: how to petition court to determine ownership of decedents joint bank accounts

California rules right of survivorship in jointly held bank accounts unless clear and convincing evidence shows other intent by decedent. What forms do I need to file to ask the court to make a ruling on my mothers jointly held bank account when I have a will that says she leaves nothing to her... Read more »

Bruce Alexander Minnick answered on Jul 8, 2019

You have already asked this question, and at least two lawyers have already responded. If you do not agree with the opinions of the two experienced lawyers then you should hire a probate lawyer to help you.

1 Answer | Asked in Banking and Identity Theft for California on

Q: How can I research a loan company to see if they are legitimate? I can't find anything on basic internet searches.

I have a name and offer contract. I was contacted by phone and approved before I received the "offer contract". Questions arise due to the payment amount stated does not compute correctly with the stated interest rate and months of loan agreement, also they are asking for a "collateral payment" of... Read more »

Bruce Alexander Minnick answered on Jun 20, 2019

If you have to ask whether an internet bank is legitimate or not, it probably isn't.

4 Answers | Asked in Bankruptcy, Banking and Collections for California on

Q: Chap 7. Wife not filing. Joint Citi checking w $5600 on line of credit. It's current. Can Citi offset if stays current?

Since it is a joint debt, can we exclude it from the BK and continue making payments on it?

We want to keep her strong credit completely clean.

Is there any reason to close the joint account?

Timothy Denison answered on Jun 17, 2019

Take her off all accounts if you want to keep her credit strong.

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1 Answer | Asked in Banking, Identity Theft, Internet Law and Social Security for California on

Q: I was a victim of a Social Security scam. I withdrew 25K in cash and deposited it via bitcoin. Can I get my funds back?

Someone called me pretending to be a Social Security officer and claimed that my SSN was linked to drug trafficking, money laundering, and that there was a warrant out for my arrest. He had an accomplice that spoofed his caller ID to make it look as though he was calling from my local Department.... Read more »

Bruce Alexander Minnick answered on Jun 10, 2019

Probably not. Thousands of gullible Americans fall prey to "get rich quick" scams like this every day of the week. If you have the name or any other information about who any of these scammers are--or the names of the banks involved--there are experienced lawyers who can try to trace the scammers... Read more »

2 Answers | Asked in Banking and Real Estate Law for California on

Q: Will bank call loan due if I put my house that still has a mortgage into an irrevocable trust?

I put my house that still has a mortgage into an irrevocable trust, with the beneficiaries/trustee as my daughter. My lawyer sent out the deed transfer/paperwork to the county a few days ago.. will the bank know of the transfer and will they call the loan due because of it? I've always paid my... Read more »

Seril L Grossfeld answered on Jun 3, 2019

Banks do not usually review public records to look for transfers like this. Banks are more concerned with receiving their mortgage payments. As long as the payments are received on time, even if paid through the trust, rather than you, there should not be a problem. The problem would arise if... Read more »

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1 Answer | Asked in Banking for California on

Q: Car bill & paycheck electronic deposit/deduct from bank on last business day of month-bank overdraft fee still charged

I’m asking bank to reimburse...is this a legal issue if they do not?

Bruce Alexander Minnick answered on May 31, 2019

It won't be a "legal issue" if the bank reimburses you. Suggestion: Change the date of you electronic car payment.

1 Answer | Asked in Workers' Compensation, Banking, Federal Crimes and Government Contracts for California on

Q: The judge didn't appoint a guardian ad litem my lawyer ask for it they never said he could cash my checks what do I do

Judge stated that guardian only gave rides help with housing health care mange money he doesn't give me my checks I'm homeless no doctor need meds

Ronald Mahurin answered on May 20, 2019

If the WCJ did not appoint a guardian then you have none and you should be cashing your checks, not someone else. Speak to the WC carrier and demand that the checks be sent directly to you. If someone then takes the checks and cashes them, it is a matter for the district attorney.

2 Answers | Asked in Banking, Estate Planning and Probate for California on

Q: My mother passed she has multiple bank accounts but only one is joint account with my father.

Obviously under California law my father is entitled to the funds in the joint bank account because his name is also on it. But if there is no will or the other accounts are not listed in the trust is he also entitled to 100% of the funds in the personal savings and checking accounts?

Jeffrey Louis Gaffney answered on May 14, 2019

When someone dies intestate (without a Will), then their property is divided per the statute.

The surviving spouse inherits all community property.

The spouse and children share the separate property of the deceased, with the surviving spouse getting at least one-third no matter how...
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2 Answers | Asked in Employment Law, Antitrust, Appeals / Appellate Law and Banking for California on

Q: Wells Fargo seeking to hire seven new lawyers

Bruce Alexander Minnick answered on May 6, 2019

This is not a Wells Fargo cafeteria job board. This a professional blog where experienced lawyers answer general legal questions from the public about many different situations, such as whether they can sue there bank for intentional fraud and other crimes committed in the name of making more... Read more »

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1 Answer | Asked in Banking for California on

Q: I’m concerned about privacy and not announcing filing for bankruptcy with my roommate. Could I receive mail from Court a

From Court at my attorneys business address?

Bruce Alexander Minnick answered on May 3, 2019

Yes.

1 Answer | Asked in Banking, Business Formation, Business Law and Civil Litigation for California on

Q: If you purchase something from a company and they do not send you your merchandise or refuse to can you prosecute?

What if it’s been done to at least 418 people that have reported it on the BBB? And they are still getting away with it?

Bruce Alexander Minnick answered on Apr 24, 2019

You cannot "prosecute." But you certainly can sue the business that is stealing money from customers.

1 Answer | Asked in Banking, Civil Litigation and Contracts for California on

Q: Shareholder for my corporation withholding clients information. Can he do that?

I own a company that was turned into a corporation. The shareholder owns 80%. This shareholder also owns his own company in the same industry so it betters his chances at booking jobs. He is withholding information on clients and not giving any information to them or my self on where abouts. Some... Read more »

Bruce Alexander Minnick answered on Apr 17, 2019

This free legal advice forum is intended to help consumers better understand common legal terms and to explain general legal principals and procedures to non-lawyers interested in understanding more about the law. This forum is not the place to seek free legal representation in ongoing cases, nor... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Banking and Probate for California on

Q: Wat is IAEA powers & gettin bonded mean? I'm Admn.of estate and had previously asked how can i use money frm block acct?

John B. Palley answered on Apr 13, 2019

Generally speaking only people who have not planned end up with a blocked account and without full IAEA authority. I typically see this done by pro pers and by lawyers who don't know what they are doing. There are other situations but that's a generalization by me.

IAEA means the...
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1 Answer | Asked in Banking, Estate Planning and Elder Law for California on

Q: Caretaker had affidavit. Does that give her rights to my moms bank accounts and safe deposit box and jewels etc?

Im barely thinking about this stuff now. I wonder why the bank stuff never was mentioned among other things? The probate case only included houses but she owned other things of value too that were not mentioned and I don't know why I wasn't thinking about it then until now that few years have past.... Read more »

Greg Freeze answered on Mar 5, 2019

You may be referring to what attorneys often call a Small Estate Affidavit ("SEA"). If an SEA is made fraudulently, there can be consequences as set out in Cal. Prob. Code § 13110. But you need to hurry to a local attorney because you may have already "blown" the statute of limitations.... Read more »

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