Get free answers to your Banking legal questions from lawyers in your area.
California. Wife and her father had a joint account that they both deposited to and utilized. He passed last June, and we just received a notice of levy on the account. The bank is temporarily holding the money for 10 days. It is my understanding that after he passed, the account is now hers, and... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024
Yes, your understanding is correct. Since the bank account was jointly held between your wife and her now deceased father, once he passed away the account became your wife's individual account by operation of law. Here are the key reasons why the account levy is invalid:
• Under... View More
On 12/23/23, my mother had her Social Security retirement check for $1285.00 taken out of her bank. They denied her any chance of getting it back stating it was fraud so it was denied. Her other check for roughly $146.00 was also kept even though it came in afterwards. She lives check to check and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024
I'm very sorry to hear about this terrible situation with your mother's Social Security funds being stolen from her Citibank account. You raise a very good point - if the bank acknowledges this was fraud, then they should still be responsible for making her whole and returning the stolen... View More
Account they are constantly sending the aging people to our house and he tells them the same thing no matter who he talks to that he knows where his money is going and the bank still froze his accounts
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024
If the bank has denied your legitimate power of attorney (POA) over your friend's affairs and frozen his accounts, it's crucial to take prompt action to address the situation. First, review the specific terms of the POA document to ensure it complies with California law and contains all... View More
answered on Feb 9, 2024
If the plaintiff claims that you were served, you would have to file a motion to quash service by proving that you don't live there. Keep in mind that the goal of the law is to give a person notice. And you obviously know about the lawsuit. A successful motion to quash does not eliminate the... View More
Chime closed my account and said I violated their deposit account agreement. They said I can not have my money back its about 800 dollars. I do not understand how I violated anything and they will not provide details or email me back. I am in the military and only used the account for a few... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 27, 2024
If Chime closed your account and is withholding your funds, it's important to understand your rights and possible courses of action. Financial institutions, like Chime, often have policies outlined in their account agreements that may allow them to close accounts for certain violations.... View More
Our business model is marketing equipment loan/lease solutions to vendors and their customers. We provide budgetary loan/lease proposal terms to borrowers, collect credit information, and submit that information to lenders for review. The lessor/lender independently reviews the credit, issues... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 19, 2024
In California, the CFLL is specifically designed for non-bank lenders. If you are brokering loans to banks, which are generally exempt from CFLL licensing, you may need a different type of license. The exact license depends on the nature of the transactions and the institutions involved.... View More
I'm California resident being gang-stalked and harrassed from my community. The financial institution is participating in harrassment, denying immediate access to my deposits and giving unofficial documentation as "proof of deposit." They won't tell me how much I have access to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 9, 2024
Under California law, financial institutions have specific guidelines and obligations regarding customer transactions, including deposit handling and access to funds. If a bank delays access to your deposits without a valid, legally justifiable reason, it may be in violation of these regulations.... View More
CCP 704.220
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 8, 2024
If your bank has not set aside funds that are exempt under a bank levy as per SB 616 and CCP 704.220, there are specific steps you can take to address the issue. Firstly, contact your bank directly to discuss the situation. Clearly explain that certain funds are exempt from garnishment under... View More
can come back and levy the account again but must apply for a new levy. Can your bank accounts be unfrozen after the first bank levy if there is still a balance due on the total debt?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 8, 2024
If your bank accounts have been frozen due to a bank levy and the sheriff has withdrawn funds, it's possible to have them unfrozen after this action. However, this largely depends on the specific circumstances of your case and the remaining balance of the debt.
Once the levy is... View More
A year later we broke up and I lost my job so I wanted to take the car back to the dealer and see about getting out of the loan somehow. My ex told me not to do that because he didn’t want a repossession on his record and said to give the car over to him and that he would continue paying for it.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 26, 2023
Under California law, when you co-sign a loan, you're equally responsible for the debt. This means that if the primary borrower defaults, the lender can pursue you for payment. Since your ex-partner defaulted and you were a co-signer, the lender has the legal right to seek repayment from you.... View More
Serving complaint/summons - federal case. Central district court of California.
Case was efiled in EDSS system for in Pro Per plaintiffs. Documents will appear in PACER. Can copies of complaint/summons for serving be downloaded from PACER?
What is conformed copy of documents? When... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 24, 2023
In federal cases, such as yours in the Central District Court of California, once a case is e-filed, the documents, including the complaint and summons, can typically be downloaded from PACER. This is a common practice and allows for easy access to filed documents.
A "conformed... View More
My corporation is going out of business but the bank account is $5,000 overdrafted. The bank is closing the account and said that as the owner of the business, I am personally liable for the money owed.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 23, 2023
Under California law, the time it takes for a court order to collect money from your personal account after your LLC goes out of business can vary significantly. The process begins when a creditor, like the bank in your case, files a lawsuit to recover the overdrafted amount. Once the lawsuit is... View More
My corporation is going out of business but the bank account is $5,000 overdrafted. The bank is closing the account and said that as the owner of the business, I am personally liable for the money owed.
answered on Dec 25, 2023
Things like this normally go through a process of sending you a series of collection letters, and if not paid will eventually go to a collection agency or lawyer. Nobody is going to make a big deal over a $5000 debt unless they can identify assets or income that a court judgment could be enforced... View More
Can forensic expertise determine forged signature with 100% confidence? If not what would be range of variance?
answered on Dec 22, 2023
It isn't a 100% exact science. Handwriting experts could offer the best response to your question, but they base their findings on their analysis of the writer's writing and certain physical factors about paper, ink, and other factors. If you posed this question to handwriting experts,... View More
Can forensic expertise determine forged signature with 100% confidence? If not what would be range of variance?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2023
No method exists that can determine with 100% confidence whether a signature has been forged. Forensic experts in handwriting analysis employ a range of techniques to assess the authenticity of a signature, but due to the inherent variability and complexity of handwriting, absolute certainty is not... View More
When a thief uses a third party financial company that transfers funds to steal what you paid for, and you file a complaint with third party and they side with the thief (meaning...they didn't refund your transfer) are they liable for money laundering? And when someone at the financial... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 19, 2023
Under California law, the situation where a financial company facilitates a transaction that turns out to be fraudulent can be complex. If a third-party financial company transfers funds and it results in theft, their liability depends on several factors, including their policies, the nature of the... View More
I contacted they claimed I have an account I dint haven't had one in years they said I'm negative 200 how they also took 796 that's why I closed account
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 19, 2023
In situations like yours, where a stimulus check has been mistakenly sent to an account you no longer use or have access to, the first step is to gather as much documentation as possible. This includes any correspondence with Green Dot and records showing that you closed your account.... View More
I went to Vist gma and she stated she wanted to go home. Upon arrival home we learned about the missing money. He has power of attorney and her will. But gma stated she wanted to change everything and staed it to many of people including doctors ad church members. She took him off of her account.,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 13, 2023
Under California law, the situation you're describing involves several complex legal issues, primarily concerning power of attorney, elder financial abuse, and the capacity to make legal decisions.
Firstly, a power of attorney grants authority to another person (in this case, your... View More
releasing the freeze on my bank accounts. Is it the lawyer that submits a Proof of Paid Debt and case is
settled to the court and then the court contacts the bank to say release the freeze?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 12, 2023
After settling a bank levy by paying the total debt, the process to unfreeze your bank accounts generally begins with the creditor. Once the debt is paid, the creditor should issue a document, often called a "Release of Levy," acknowledging that the debt has been satisfied.
Your... View More
accounts if one of them can more than accommodate the amount of debt they are claiming? And is the SB 616 automatic exemption of a debtor to have $1788 to live on something the bank should have set aside at the time of the levy and withdrawal of funds?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 12, 2023
When a debt collector places a levy on your bank accounts, they can potentially freeze multiple accounts, even if one account holds enough funds to cover the debt. This is because the debt collector may not be aware of the balances in each account at the time of the levy.
Regarding the SB... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
