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California Banking Questions & Answers
1 Answer | Asked in Banking, Business Formation, Business Law and Contracts for California on
Q: Do I need a license to buy(take over assignment) retail installment contracts for high end vacuums from businesses.

I purchased 2 retail installment contracts from my friend who sells high end vacuums. He couldn't get them financed so I said I would buy the contracts and take over them. I contacted the customers and informes them of the new assignment. But do I need a special license? I don't want to... View More

Zaher Fallahi
Zaher Fallahi
answered on Dec 24, 2016

Check with the California Consumer Affairs Department and your city. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. Neither is it intended for solicitation purposes. For specific advice, please... View More

1 Answer | Asked in Banking and Tax Law for California on
Q: Are there any additional forms for the government besides IRS form 3520 for receiving large amounts of foreign funds?

Hello, I am helping someone figure this out, and they are receiving a large sum of money from Iran that is being transferred to the US, via a Dubai wire transfer.

We have found he is required to file the IRS form 3520. Is there any special treasury form or anything similar he is also... View More

Zaher Fallahi
Zaher Fallahi
answered on Nov 8, 2016

The IRS Form should be sufficient for a gift from a non-resident alien. However, they should obtain proper documents to substantiate the gift, if questioned. If the donor is a US person ( as I find out to be the case every now and then), they must consult an OFAC attorney for compliance with the... View More

1 Answer | Asked in Estate Planning and Banking for California on
Q: In California does my "durable power of attorney have to be recorded with the registrar if it is notarized?

Wells Fargo says it does need to be recorded or they will not accept it but we have been using it for 8 years not recorded, with all her other financial institutions

Richard Samuel Price
Richard Samuel Price
answered on Sep 12, 2016

If it is notorized, then you could record it with the county recorder. Certain acts require the durable power of attorney to be recorded, and even if not required, a financial institution could require that it be recorded in order to honor its terms.

1 Answer | Asked in Banking, Collections and Consumer Law for California on
Q: Can a bank make a payment with my credit card without my permission to pay the mortgage on our house?

Husband had mortgage with wells fargo. I had an account with them and a credit card. Husband could not afford to make mortgage payment so wells fargo charged me on my credit card for it. This all led to a chain of events with us finally loosing our house and being sent to collection for this.

Sergio G. Chaidez
Sergio G. Chaidez
answered on Aug 11, 2016

Unless you authorized them in your credit card or mortgage agreement to process that payment, then no. Bank contracts sometimes have clauses in them that say you authorize them to make certain payments on your behalf if certain conditions are met. This may be what happened. But you need to make... View More

1 Answer | Asked in Banking and Consumer Law for California on
Q: what are the penalties for a bank refusing to send a paper statement regarding a credit card account?
Andy Chen
Andy Chen
answered on Aug 4, 2016

None that I know of. Most banks want you to do paperless statements anyway and most people seem to like them for the convenience. If you're talking about a billing dispute of some kind, that might be different in terms of paperwork the bank has to provide you.

1 Answer | Asked in Banking for California on
Q: Can a Bank refuse to cash a Cashier/Teller Check underwritten by their own bank?

I recently retired from the Army (WA) and my Mother (CA) had open heart surgery and could no longer navigate the stairs in her residence. I entered into a business agreement to have a Mobile home purchased/moved and set-up. When my Bank overnight rushed the check to the intended Seller, it was... View More

Mr. Robin Mashal
Mr. Robin Mashal
answered on Dec 29, 2014

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

I am sorry to hear about your situation. I read over your description twice, but could not see on what grounds the cashier's check was refused. Why was the seller trying to...
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1 Answer | Asked in Banking for California on
Q: What to do when i got scammed by someone online and he gave me a bounced paycheck and now it charge all to my account
Mr. Robin Mashal
Mr. Robin Mashal
answered on Dec 26, 2014

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

It seems like you were the victim of a variation of the "Nigerian e-mail" scam. You will likely be liable to your bank for the portion of the fake check amount that you...
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