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California Banking Questions & Answers

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 »

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

Q: Can I sell my house for reduced price for my non-biological/legal son and his in laws gifting the difference to my son?

Vincent Gallo answered on Feb 17, 2019

Provided that you are confident and not acting under duress, you are free to gift property to whomever you wish to.

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

Q: Hi, which licenses are needed for a business that holds customers money in accounts that they can access across country?

At first I thought a money transmitter license was needed, but since no money is sent on behalf of the user to someone else, and instead it’s just them withdrawing/depositing in other areas, it doesn’t seem that is needed. ThankS!

Robert Lopez answered on Feb 13, 2019

Hi, every state is going to have a different law and most will require a slightly different type of license. The most common type of license is a "money transmitter" license. Most, but not all, of these licenses are regulated by each state's Department of Banking Department/Division. Others will be... Read more »

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

Q: im ready to dig up my money

Aaron Michael Lloyd answered on Jan 10, 2019

If you are interested in scheduling a bankruptcy consultation please contact one of us and we can get you in for a free consultation.

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

Q: Is it mandatory to include a verification pleading with an interrogatories, discovery's and admissions ?

Can I file a protective order against the bank I'm suing for harassment?

William John Light answered on Dec 15, 2018

A Verification is provided with discovery responses, not with the actual discovery.

1 Answer | Asked in Criminal Law, Banking, Civil Rights and Communications Law for California on

Q: Is it legal to install spyware on another persons phone without their consent or knowledge?

My personal device was breached (empirical data available) I am licensed and work in the financial sector and, it is plausible and likely that some of my clients sensitive data could have been compromised as well. I know the implications on the FIN REG side. I need to know what my next move is.... Read more »

Dale S. Gribow answered on Nov 17, 2018

MORE INFO NEEDED

HIRE A LAWYER AND REPORT TO POLICE AND HAVE THE DA PROSECUTE.

1 Answer | Asked in Banking and Consumer Law for California on

Q: What can i do if I was the victim of a scam involving false cashiers checks and now my bank took my disability check?

I was the victim of a scam involving false cashiers checks. I asked the tellers at my bank if the checks were legit and they said yes and gave me the cash. Then they said the checks were fake and over drafted my account. When i got my disability check deposited, they took the entire check and said... Read more »

William John Light answered on Aug 30, 2018

You should notify:

Federal Trade Commission (FTC):by telephone at 1-877-FTC-HELP or file an electronic complaint via their Internet site at https://www.ftccomplaintassistant.gov/#crnt&panel1-1.

Internet-based scams–Federal Bureau of Investigation (FBI) Internet Fraud Complaint...
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1 Answer | Asked in Banking, Consumer Law and Federal Crimes for California on

Q: Wells Fargo foreclosed on my OC home in 2009 and refused to consider a loan mod. Which law firm is handling this case?

William John Light answered on Aug 14, 2018

You would have to ask Wells Fargo for that information. https://www.wellsfargo.com/mortgage/manage-account/payment-help/foreclosure/

1 Answer | Asked in Banking and Business Law for California on

Q: Hello,If I have a judgement against me, in my name, can the other party put a lien on my business bank account?

My business is incorporated and the bank account is in my business name. The other side's lawyers obtsined a legal order to release my bank records.

Thomas A. Grossman answered on Jul 17, 2018

If the Judgment has been entered and served on you, the creditor can file a Writ of Execution and execute on your personal bank accounts(s). If your business is also named in the Judgment, the creditor can also execute on your business account. Sometimes banks screw up and allow their employees to... Read more »

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

Q: My wife passed away earlier this year. She had no joint accounts with me, her husband. She also left no will. Under the

Section 13006 of the Ca. Probate code, am I considered the successor, if there is no estate (indebted) and no will? Or, I am wrong in just acting on behalf of my children and myself as authorized under Section 13051?

John B. Palley answered on May 25, 2018

Please understand I am giving general information here and you should consult with an attorney for specifics. I would say it depends on if the accounts were "community property" or "separate property." CP is generally monies earned by either of you, during marriage, from your work, assuming no... Read more »

3 Answers | Asked in Banking and Bankruptcy for California on

Q: Can I get my judgement paid from someone who filed bankruptcy and was discharged but didn’t list me as a creditor?

I have a judgement. I put a lien against their bank account. The bank was listed in their bankruptcy so they won’t release the money to me. I was notified by the bank there was a bankruptcy. The filer didn’t forget to list me. He filed at the same time he submitted statements to the court in... Read more »

Leon Bayer answered on Mar 28, 2018

Your debt is considered discharged whether or not the debt was listed, unless you have a legal basis to object to the discharge.

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1 Answer | Asked in Banking, Civil Litigation, Identity Theft and Criminal Law for California on

Q: A fellow veteran opened a Chase bank account to cash a $13k Veterans compensation check from the US Treasury.

After it cleared, she gave me a cashiers check from chase for $6k, 5 months later I was negative $6k at my bank. The veteran assumed another Veterans ID. I need to know who to contact to sue her for the $6k that I had to pay my bank back...

Dale S. Gribow answered on Mar 24, 2018

clearly you were the victim of a con............

more info is needed.

it should not have taken the bank that long to clear..........i would consider suing the bank for that amount of money but unless you have info on the person who scammed you then you are probably out of luck....
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1 Answer | Asked in Banking and Probate for California on

Q: In California do you have to go to probate to collect money left in personnel business account ?

its a small amount and everything else is in the family trust.

Richard Samuel Price answered on Mar 22, 2018

If there is no beneficiary named on the account, then if the total assets of the decedent are greater than $150,000, then you would have to go through probate. Or, if there was any real estate in the decedent's name.

1 Answer | Asked in Banking and Consumer Law for California on

Q: Can I take benefit of difference in interest rates in different different banks?

I can gather money from the people and deposit in the bank giving 6% interest, and promise the people to pay 3.5% and pay them back 3.5% when I will get 6%. Is this legal?

William John Light answered on Mar 22, 2018

This seems to be of dubious ethics. You aren't providing any service that these people can't get from the bank themselves.

You appear to acting as sort of an investment advisor. While I am do not practice law in that field, I would refer you to an answer to a similar question on Quora:...
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1 Answer | Asked in Consumer Law and Banking for California on

Q: I opened a checking account. Deposited monies. Received checks from the bank. when I wrote checks they were not honored.

The account was not closed, I have deposits made routinely but am not able to access my monies. With no explanation. No one at the bank has an answer for me. What do I do other than close the account and request my funds be returned?

William John Light answered on Mar 19, 2018

First, close your account. Second, if your credit has been damaged, you may have a claim for negligence against the bank. Depending on the effect upon you, it could be a Small Claims case, or you might need a lawyer for a bigger case with more damages. See... Read more »

1 Answer | Asked in Consumer Law, Contracts and Banking for California on

Q: Greeting! What would happen if i stop my car payments because i can't afford them ? but i don't want to file bankruptcy.

William John Light answered on Jan 18, 2018

Your car will be repossessed whether you file bankruptcy or not.

1 Answer | Asked in Banking, Business Law and Consumer Law for California on

Q: I want to use my cousins American account to receive funds for online transactions.

I run an online business, My company is registered in Nairobi-Kenya. The only payment portal acceptable is Paypal but it forces customers to sign up to make a purchase. I want to use Stripe but I need an American bank account. Is it possible to get my cousin who lives in California to receive the... Read more »

William John Light answered on Dec 24, 2017

Just open your own American bank account.

1 Answer | Asked in Tax Law, Banking and Divorce for California on

Q: Have 30k in cash given to me by mother. What is best way to get into bank and will there be tax liability?

Going through divorce. My mother is helping to pay part of the settlement agreement, but in cash. What's the best way to get this into the bank?

Zaher Fallahi answered on Nov 23, 2017

You can deposit and the bank will issues 8300 for it, but shouldn’t be a problem. No tax liability. Mom will have gift tax filing requirement. If there are concerns, consult a tax attorney with Bank Secrecy Act (BSA) experience. The information presented herein is for general purposes only. It is... Read more »

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