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California Banking Questions & Answers
1 Answer | Asked in Banking, Business Law and Gov & Administrative Law for California on
Q: Can Chime close my account and send an email saying I am not eligible to receive my money back?

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

James L. Arrasmith
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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

1 Answer | Asked in Banking and Business Law for California on
Q: California Finance Lenders Licensing (CFLL) Requirement

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

James L. Arrasmith
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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

1 Answer | Asked in Civil Litigation and Banking for California on
Q: A customer of 6+ years at my financial institution delayed access to my money after a deposit on two occassions.

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

James L. Arrasmith
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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

1 Answer | Asked in Consumer Law and Banking for California on
Q: How do you handle your bank if they did not set aside automatic funds that are exempt under a Bank Levy under SB 616 and

CCP 704.220

James L. Arrasmith
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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

1 Answer | Asked in Civil Litigation and Banking for California on
Q: When a bank levy has been issued and the sheriff has withdrawn funds from the account, the levy is done. The creditor

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?

James L. Arrasmith
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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...
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1 Answer | Asked in Civil Litigation and Banking for California on
Q: CaliforniaAbout 13 years ago I financed a car with my finance. She was the first signer on loan and I was the second

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

James L. Arrasmith
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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

1 Answer | Asked in Gov & Administrative Law, Personal Injury, Banking and Health Care Law for California on
Q: Serving complaint/summons - federal case. Central district court of California.

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

James L. Arrasmith
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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...
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2 Answers | Asked in Banking, Business Law and Collections for California on
Q: How long does it take to get a court order to collect money from my personal account after my LLC goes out of business?

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.

Leon Bayer
Leon Bayer
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

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2 Answers | Asked in Banking, Business Law and Collections for California on
Q: How long does it take to get a court order to collect money from my personal account after my LLC goes out of business?

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.

James L. Arrasmith
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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

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3 Answers | Asked in Personal Injury, Banking, Business Law and Health Care Law for California on
Q: Does method to determine definitively if signature was forged - exist?

Can forensic expertise determine forged signature with 100% confidence? If not what would be range of variance?

Tim Akpinar
Tim Akpinar
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

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3 Answers | Asked in Personal Injury, Banking, Business Law and Health Care Law for California on
Q: Does method to determine definitively if signature was forged - exist?

Can forensic expertise determine forged signature with 100% confidence? If not what would be range of variance?

James L. Arrasmith
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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

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1 Answer | Asked in Banking, Business Law and White Collar Crime for California on
Q: When a thief uses a third party financial company, are they liable?

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

James L. Arrasmith
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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

1 Answer | Asked in Banking for California on
Q: A Stimulus check in the amount of 1400 was sent to greendot idont have an account with them near returned

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

James L. Arrasmith
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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

1 Answer | Asked in Banking, Elder Law, Estate Planning and Health Care Law for California on
Q: brother was caring for Gma then put her in a care home then took 96,000 dollars from joint account.

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

James L. Arrasmith
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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...
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1 Answer | Asked in Consumer Law and Banking for California on
Q: Once a bank levy has been settled paying the total debt, how does the chain of communication flow to end with the bank

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?

James L. Arrasmith
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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...
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1 Answer | Asked in Consumer Law, Banking and Collections for California on
Q: If you have multiple accounts in a bank and a levy is placed on your bank accounts can the debt collector freeze 2

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?

James L. Arrasmith
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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...
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2 Answers | Asked in Consumer Law, Collections and Banking for California on
Q: Under a bank levy, after a first grab of funds has taken place is the bank levy still on your accounts if there is still

money due in n the balance?

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answered on Dec 10, 2023

Under California law, after a bank levy has been executed and funds are seized from your account, the status of the levy depends on whether the debt has been fully satisfied. If the initial grab of funds doesn't cover the entire amount owed, the levy can remain active.

This means that...
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3 Answers | Asked in Estate Planning and Banking for California on
Q: I am beneficiary of my uncles estate. He left cash to a friend but 3 years on she has not claimed it. Can I claim it?

I am beneficiary of the house property and all remainder via his legal trust. The cash designated to a friend was via a bank beneficiary designation. She has not filed the paperwork to receive the account. Dividend checks made out to my uncle keep coming to the trust bank account because she has... View More

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answered on Dec 6, 2023

Under California law, if the designated beneficiary of your uncle's cash account has not claimed the funds within three years, you may have a legal avenue to pursue those funds. First, ensure that your uncle's will and the trust documentation do not specifically require the cash to go to... View More

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3 Answers | Asked in Estate Planning and Banking for California on
Q: I am beneficiary of my uncles estate. He left cash to a friend but 3 years on she has not claimed it. Can I claim it?

I am beneficiary of the house property and all remainder via his legal trust. The cash designated to a friend was via a bank beneficiary designation. She has not filed the paperwork to receive the account. Dividend checks made out to my uncle keep coming to the trust bank account because she has... View More

Nina Whitehurst
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answered on Dec 7, 2023

It sounds like you are inquiring about the disposition of funds that were in a bank account in your father's name, not in the name of his trust, and that he designated a friend as the death beneficiary of that bank account. If that is the case, and if the friend does not claim the money, the... View More

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3 Answers | Asked in Estate Planning and Banking for California on
Q: I am beneficiary of my uncles estate. He left cash to a friend but 3 years on she has not claimed it. Can I claim it?

I am beneficiary of the house property and all remainder via his legal trust. The cash designated to a friend was via a bank beneficiary designation. She has not filed the paperwork to receive the account. Dividend checks made out to my uncle keep coming to the trust bank account because she has... View More

Julie King
Julie King
answered on Dec 6, 2023

Most trusts specifically say that if Beneficiary X dies before the Settlor or Trustor (the person who had the trust) or if that Beneficiary "disclaims" (doesn't claim) their gift, then ______ happens to that gift. So, the first thing I would do is read your Uncle's trust to see... View More

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