The bank will not allow me to withdraw any money or access to the account. Every time I go in to get the money they come up with a excuse. Either I need to wait for the bank manager or the district manager, then they are on vacation or they are in meetings. They then ask for a fee for processing my... View More
answered on Oct 14, 2023
I'm truly sorry to hear about your situation. In California, financial institutions, including credit unions, are subject to regulations and laws that aim to protect consumers. It is unlawful for a bank or credit union to withhold your funds without a valid legal reason. Continuously providing... View More
My aunt (moms sister) iced me out and would not let me around . She is the Rep/payee on a frozen account with the rest of the home sale in it . She just recently has told me about this . I wasn’t talking to her because of what she had done to me keeping me away from her . She had no will but how... View More
answered on Oct 12, 2023
I'm truly sorry to hear about your situation. Under California law, when a person dies intestate (without a will), their assets generally pass according to the state's intestacy laws. As the only child of your mom, you typically would have a legal claim to her estate. For your aunt to... View More
By and they won't let me access my money. They are claiming that the state recommended it be closed. I called the state and verified it was not the state and even called the bank with the edd staff attempted to clear it up.
The bank is not willing to budge. My money is being held in... View More
answered on Oct 10, 2023
Under California law, banks have obligations to their customers, including providing access to funds unless there's a lawful reason for restricting access. If Bank of America is withholding your funds without adequate justification, you may have grounds to take legal action. Before resorting... View More
I spoke with the owner over the phone and he verbally told me that he would refund my money if I decided to cancel. I disputed the charge on my CC, and now they are not returning calls and they are fighting my dispute. My CC company is saying they may not be able to win. I don't understand... View More
answered on Oct 10, 2023
Under California law, certain contracts afford consumers a statutory right to cancel within a specific period, often referred to as a "cooling-off" period. However, not all service contracts fall under these provisions. If the contract for tax services did not include a provision for... View More
My Uncle is 97 and intends to gift me a large amount in physical 'hard' cash either now or as an inheritance upon passing. He is admirable to whichever is more advisable. I desire to avoid a bank account freeze or other legal nonsense upon depositing of said funds i.e. 'fiat'... View More
answered on Oct 8, 2023
There are many different ways to accomplish your objectives and each way has different tax implications. Depending on the amount a person wants to give away, he could give a gift of up to $17,000 (in 2023) per year without taxes. The recipient does not need to be a relative. But, if a person gives... View More
My Uncle is 97 and intends to gift me a large amount in physical 'hard' cash either now or as an inheritance upon passing. He is admirable to whichever is more advisable. I desire to avoid a bank account freeze or other legal nonsense upon depositing of said funds i.e. 'fiat'... View More
answered on Oct 9, 2023
Under federal law, large cash gifts are allowed, but be aware of IRS gift tax rules. Banks will report cash deposits over $10,000, so it's wise to notify your bank before making a large deposit. Ensure you have documentation regarding the origin of the gift to address any future inquiries.
If the court orders my ex to pay me past due child support (already court ordered), past due unreimbursed medical and dental (already court ordered), sanctions, and lawyer fees...and then my ex goes and files for bankruptcy.....does the bankruptcy wipe out the money that would be due to me? That... View More
answered on Oct 4, 2023
Under bankruptcy laws, most non-secured debt may be eliminated if you file Chapter 7; child support is the exception to that rule. Whether you are behind one payment, or a full year's payment makes no difference, child support payments must continue even if you file for bankruptcy protection.... View More
Funds were placed in a loss prevention account for "suspected irregular activity."
answered on Oct 10, 2023
Under California law, banks have the duty to act in good faith and exercise ordinary care. When there's suspected irregular activity, a bank may take precautionary measures to protect the funds and ensure the authenticity of a transaction. However, requesting that a customer speak to another... View More
answered on Oct 12, 2023
Certainly. In California, before you can serve a lienholder, you must first obtain a judgment against the driver who hit your car. If you're unable to locate the driver to serve him with a lawsuit, you can seek the court's permission to use alternative methods of service, like... View More
answered on Oct 3, 2023
Check with a California attorney on local civil procedure rules, but that is not the way the process usually works. The lienholder does not ordinarily have liability in an accident. Nationwide, it's the operator/registrant who are usually named. Good luck
answered on Sep 30, 2023
That's usually not the way it works nationwide. Summons and complaints generally identify motor vehicle registrants and operators, and other possible third parties. A creditor does not usually bear liability in a motor vehicle accident. Good luck
answered on Oct 12, 2023
Certainly. In California, if you're involved in an accident and seek to recover damages, your primary claim would be against the driver or owner of the car. The lienholder, usually a bank or finance company, has a secured interest in the vehicle but is not typically liable for damages... View More
answered on Sep 29, 2023
Serving the bank that holds the lien on the car is generally not sufficient for initiating a personal injury lawsuit against the driver of the car. You would likely need to serve the individual directly for the legal process to move forward.
Due to a Bank of America´s branch closure a safe deposit box that I had with them was drilled and its contents removed ($85,150 in cash, nothing else). I was sent a form to my address in Taiwan asking me to notarize it at a US embassy so that the cash could be sent to me by mail. After the bank... View More
answered on Sep 28, 2023
You should consult with a civil litigation attorney in California who can assess your case and potentially help you pursue legal action against Bank of America if you believe they mishandled your funds and provided misleading information. They can evaluate the specific details of your situation and... View More
Due to a Bank of America´s branch closure a safe deposit box that I had with them was drilled and its contents removed ($85,150 in cash, nothing else). I was sent a form to my address in Taiwan asking me to notarize it at a US embassy so that the cash could be sent to me by mail. After the bank... View More
answered on Sep 27, 2023
I assume the cash was successfully deposited into your bank account. If so, the only issue is the other contents of your box.
But you don't say what else was in the box. Perhaps you will get a better answer if you tell us what else was in the box. Obviously, if it was some tickets to... View More
My husband and I are separated. After he stopped paying monthly support, I filed legally separated, and the court has ordered him to pay support, but he closed all the bank accounts (including joint accounts) and hiding outside of the US after selling his inheritance house. After filed separation,... View More
answered on Sep 22, 2023
You may be able to file for innocent joint filer relief to address the tax liability issue caused by your husband's actions. You should consult with an attorney experienced in tax matters to guide you through the process and discuss potential options to release the hold on your bank account.... View More
I am a victim of bank negligence. Bank didn’t properly monitor my mortgage account and fraudsters operated it at will depositing monies and reversing as they pleased. The whole scheme by the fraudsters was a scam where they deposited monies into mortgage, and offering discounts in return where... View More
answered on Sep 21, 2023
I am sorry this happened. But I don't see where the bank is to blame. If I understand you correctly, you expected to benefit from these transactions, making you a willing, (although a duped) participant in a possible fraud scheme. I think the bank is not to blame.
I am a victim of bank negligence. Bank didn’t properly monitor my mortgage account and fraudsters operated it at will depositing monies and reversing as they pleased. The whole scheme by the fraudsters was a scam where they deposited monies into mortgage, and offering discounts in return where... View More
answered on Sep 21, 2023
Banks owe a duty of care to their customers and can be held liable for negligence if they fail to exercise reasonable care in monitoring and safeguarding accounts. If a bank's failure to monitor and detect suspicious activity results in financial loss to the customer, the bank may be held... View More
I am a victim of bank negligence. Bank didn’t properly monitor my mortgage account and fraudsters operated it at will depositing monies and reversing as they pleased. The whole scheme by the fraudsters was a scam where they deposited monies into mortgage, and offering discounts in return where... View More
answered on Sep 22, 2023
Yes. Obviously this will require some digging into the facts and documentation, but this sounds like an issue where the bank reasonably should have seen that harm was being caused to its customers through illegal means. The bank isn't allowed to just bury its head in the sand. I have... View More
Credit card co changed my getting into my online 'paperless' emails to view my credit cards and make payments online! Credit card co sent me any email stating "we'll email you when [you] have [something] new to view. Then just [sign in] to 'XXXX.com' OR ..mobile... View More
answered on Sep 4, 2023
Under California's Consumers Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), and the federal Truth in Lending Act (TILA), credit card companies are generally required to provide consumers with "adequate notice" of any significant changes to account terms or practices. If a... View More
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