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California Banking Questions & Answers
1 Answer | Asked in Banking for California on
Q: Can I sue Discover Bank for negligence, payment not arranged, also agent stated after a year I can lower APR?

A year ago I applied for a Loan at Discover Bank and Agent stated if pay on time, and after a year I can lower APR, and supposedly no hidden fees. I made a payment and it didn't process correctly and they return the funds also the second time I made other small payments and it only went... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 29, 2019

In my professional opinion none of the facts stated by you could be the basis for any lawsuit based upon negligence. So I am afraid to tell you that the only way to get away from this bank is to repay the loan in full. (

HINT: As a former commercial bank operations officer I suggest that...
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1 Answer | Asked in Consumer Law and Banking for California on
Q: I am looking for a Lawyer from Bakersfield CA

to chack Nova Port Bank 1430 Truxtun Avenue 5th Floor they pushing me to pay more than 8800 $ for some AAC code to unblock my loan from Donald Shaw Loan Firm and is impossible to deducted it from my loan but I am afraid that it is a scam

Adam Savett
Adam Savett
answered on Oct 1, 2019

It is a scam.

Run the other direction, fast.

There is no "Nova Port Bank" or any version incorporated in California. There is no ""Nova Port Bank" registered with the Office of the Comptroller of the Currency or any other federal bank regulator.

The...
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2 Answers | Asked in Banking, Business Law and Contracts for California on
Q: Hello, I started a company to export bulk physical commodities. Is assistance available on a per transaction basis?

The above mentioned transactions are large. Trade Credit Insurance is needed to finance supply chain, shipping etc. The contracts are in need of legal overview.

Is there legal assistance for these large transactions on a per transaction basis?

Kenneth Sisco
Kenneth Sisco
answered on Sep 10, 2019

Frankly, I would be surprised to find an attorney who is interested in transactional work, who works on an hourly fee basis, who would not jump at the chance to take work on a contract by contract basis.

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1 Answer | Asked in Consumer Law and Banking for California on
Q: I live in CA, father left CD's in NJ bank in trust of my brother and I, the NJ bank is requiring I travel to NJ to get $

I live in California, my father lived and died in New Jersey. My father had certificates of deposit he left in trust to both my brother an me. My brother is also the executor of my fathers estate and lives in New Jersey. The bank is refusing to release the funds to me or my brother unless I... View More

William John Light
William John Light
answered on Sep 7, 2019

You should talk to an attorney in NJ.

1 Answer | Asked in Consumer Law, Contracts, Small Claims and Banking for California on
Q: Hello. Amazon made a mistake and sent the money that was supposed to be refunded to me to a bank in Brazil.

I used a credit card that is no longer active to make a purchase. Some time later I needed to return the item and contacted Amazon to see if I could have my refund routed to another car. They proposed to send the money (1.300.00) to a gift card.

I asked for them to guarantee it would not be... View More

William John Light
William John Light
answered on Aug 29, 2019

Small Claims is a good option for a $1,300 claim. Or you could contact the credit card company to find out what it can do about the money that was refunded to your card that is "not active". Unclear what that means, by the way. Is it a card you don't use, or a card that you... View More

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
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
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
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... View 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
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... View More

Richard Samuel Price
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... View More

Bruce Alexander Minnick
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... View More

Bruce Alexander Minnick
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
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.... View More

Bruce Alexander Minnick
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... View 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... View More

Seril L Grossfeld
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... View 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
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
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
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
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... View More

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