Ask a Question

Get free answers to your Banking legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Banking Questions & Answers
1 Answer | Asked in Consumer Law and Banking for California on
Q: "ADEQUATE NOTICE" CCC section 1774(i)(k) & 15 USC section 1602(k) TILA 15 USC section 1643 on credit card online bank

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

2 Answers | Asked in Banking and Business Law for California on
Q: Is there a way to force a company to write my business checks and include my name?

Is there ANY way to legally require or somehow “force” a company to write my business checks to say pay to the order of either my name (I am the sole owner)

OR pay to the order of (my business name OR my name)? I have nothing in my contract that stated anything about this.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 3, 2023

In the absence of a contractual provision specifying how checks should be made out, it may be difficult to legally compel the company to write the checks in a particular manner. You could try negotiating with the company to explain your situation and request that future checks be made out in a way... View More

View More Answers

1 Answer | Asked in Banking, Civil Litigation, Consumer Law and Contracts for California on
Q: Under consumer protection laws, what criteria are used to determine if contractual terms

Under consumer protection laws, what criteria are used to determine if contractual terms in an auto loan agreement, specifically regarding trade-ins, are considered unfair or one-sided? Are there any specific provisions or practices that should be examined to assess the fairness of these terms?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 29, 2023

Under California's consumer protection laws, contractual terms may be considered "unconscionable" if they are overly one-sided in favor of the lender and oppressive to the consumer. Factors that might be considered include the clarity and understandability of the terms, whether the... View More

1 Answer | Asked in Banking, Consumer Law and Contracts for California on
Q: When a lender sells an auto loan contract to a second lender, what are the typical expectations regarding the continuity

1.When a lender sells an auto loan contract to a second lender, what are the typical expectations regarding the continuity of the loan terms, including the principal balance, interest rate, and repayment terms?

2.Can a second lender reset the loan as if it were a brand new contract with... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 29, 2023

1. When an auto loan is sold to a second lender, the expectation is generally that the original loan terms—including the principal balance, interest rate, and repayment schedule—will remain the same, unless the original loan agreement provides otherwise.

2. A second lender usually...
View More

1 Answer | Asked in Banking for California on
Q: Credit card company has frozen my card, refuses to return secured funds on deposit and continues to charge fees.

Employer had me get a secured credit card to use for work related expenditures. They paid the deposit and the monthly statements from their bank account. My boss died and their account was closed so payment for the card was declined. It has been almost a year since this occurred. I have spoken... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2023

In California, if the credit card company has frozen your card, failed to return your secured deposit funds, and continues to charge fees despite your attempts to address the situation, you may want to consider sending a formal written dispute to the credit card company, outlining the facts and... View More

1 Answer | Asked in Banking for California on
Q: Can a bank withdraw money from my account when it’s frozen without notifying me and sent my final check ?

My account was closed due to suspicious activity. All they can tell me is digital fraud but not specify what I did exactly. I tried to fight it but they said it was a final decision. After receiving my official check from my balance account.I notice 2,700 was missing. I called and they said the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2023

If your account is frozen, the bank generally should not withdraw funds without your knowledge or consent. Such actions may raise concerns about due process and consumer rights. It's recommended to consult legal experts to evaluate the specific circumstances and potential violations of your... View More

2 Answers | Asked in Real Estate Law, Tax Law and Banking for California on
Q: Can I get a reverse mortgage from a bank in Georgia on real property in State of California??
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2023

Yes, it's generally possible to get a reverse mortgage from a bank in Georgia for real property located in California. Reverse mortgages are federally insured loans, and they are not limited to being offered by banks in the state where the property is located. However, the specific terms,... View More

View More Answers

2 Answers | Asked in Real Estate Law, Tax Law and Banking for California on
Q: Can I get a reverse mortgage from a bank in Georgia on real property in State of California??
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2023

While reverse mortgages are generally available across states, they involve specific regulations and considerations that vary. It's essential to work with a qualified attorney to navigate the legal and financial aspects of obtaining a reverse mortgage on California real property from a bank in... View More

View More Answers

1 Answer | Asked in Banking for California on
Q: I was fake-checked scammed and did not know I deposited a fake check. Are there any other legal consequences for this?

I called the bank and paid the funds for the check that was given to me and they said my account was all good. I would like to know if there is anything else to settle after payment regarding legal issues.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2023

I am not offering legal advice, but depositing a fake check can potentially lead to legal consequences, including criminal charges for fraud or passing a forged instrument. While resolving the situation with your bank is a positive step, it's advisable to consult with an attorney to fully... View More

2 Answers | Asked in Banking and Contracts for California on
Q: Contract: Signed agreement for loan but did not read it through before signing because verbally, I thought I understood.

It was a standard process, of filling out a loan application. I thought the loan would be from this company instead they are a third party that charges excessive predatory fees that can be paid with the credit cards they applied on your behalf which is not the plan I had.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2023

In California, it's crucial to thoroughly read and understand any contract before signing, as verbal understandings may not always hold legal weight. If the loan terms were misrepresented, you might have grounds to challenge the contract based on misrepresentation or unfair business practices.... View More

View More Answers

2 Answers | Asked in Employment Discrimination, Employment Law and Banking for California on
Q: I believe several employees are committing organized harassment and using gaslighting tactics. How do I prove my case?

I have strong suspicions the employer is also using mystery shoppers to further harassment against me. I’m being psychologically played with at work and don’t know how to prove it!

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2023

To establish a case of organized harassment and gaslighting in the workplace, gather evidence such as emails, messages, witness testimonies, and any written or recorded instances of mistreatment. Document the dates, times, and details of incidents. If you suspect the use of mystery shoppers,... View More

View More Answers

2 Answers | Asked in Employment Discrimination, Employment Law and Banking for California on
Q: I believe several employees are committing organized harassment and using gaslighting tactics. How do I prove my case?

I have strong suspicions the employer is also using mystery shoppers to further harassment against me. I’m being psychologically played with at work and don’t know how to prove it!

Neil Pedersen
Neil Pedersen
answered on Aug 9, 2023

Unfortunately, what you describe is not unlawful. Unless you can establish this conduct is being directed at you because you are a member of a protected class of people, or because you engaged in some form of legally protected conduct, there is no liability to the company or the workers for... View More

View More Answers

2 Answers | Asked in Banking, Federal Crimes and White Collar Crime for California on
Q: Can a bank deny me paperwork

I never once had money in the said account at the time the bank allowed a fraudster to get a 80,000 dollar loan in my name? The bank then gave the fraudster access to my account allowing them to open up other fraudulent Accounts using my checking account, they then gave the fraudster my personal... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2023

In California, banks have a duty to protect their customers' accounts and information, and they should take appropriate measures to address fraudulent activity. Denying you access to essential paperwork related to your account and the fraudulent activity could raise concerns about their... View More

View More Answers

1 Answer | Asked in Banking, Civil Rights, Constitutional Law and Identity Theft for California on
Q: A police officer threatened me when I wanted to file a report of a crime that took place against me in another country.

I was kidnapped in another country, the kidnappers have my phone with all my information, my family's information, and they made threats that they would harm me in the USA if I filed a report. I have thousands of dollars taken from my accounts, and now I am facing possible future harm to me... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 5, 2023

Based on the facts provided, you potentially have a claim against LAPD and the City of Los Angeles for their failure to carry out their duty, however the specifics of your situation and how it was handled are critical. Success of a lawsuit would hinge on proving police negligence or misconduct,... View More

1 Answer | Asked in Contracts and Banking for California on
Q: Overcharging interest on credit card

Long story short, I used my card for one transaction totaling $6000 last summer. Unfortunately there was other fraudulent activity that was reported and supposedly removed. However my current balance 12 months later after paying approximately $240 every month is still over the $6000 original... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 4, 2023

You can take the following steps:

1. Gather all your credit card statements and payment records as evidence of the payments you've made over the past 13 months.

2. Send a written dispute letter to the credit card company, detailing the issue and providing the evidence of your...
View More

1 Answer | Asked in Criminal Law and Banking for California on
Q: I signed up for a bank account with a fake utility bill as my proof of address, what can legally happen to me now?

I signed up for a bank account with a fake utility bill, to provide as a proof of address. I was living in a hotel and didn't have an apartment lease to use as my proof of residence and I wanted to work, so I made a fake utility bill with the hotels address as my residential address on a fake... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 2, 2023

Providing a fake utility bill to open a bank account constitutes fraud and forgery under California law. If you are caught, you could face criminal charges, which may include fines and potential imprisonment. It is essential to rectify the situation immediately and seek legal counsel to address the... View More

1 Answer | Asked in Banking for California on
Q: Can you sue a bank for not letting you know (call or mail) about behind payments on a credit card from 16-17 years ago?

My father used my mothers name and social security for a credit card back in 2006-2009 without her permission while they were married. My mother got a call saying they have to pay 18,000 dollars but there was a settlement to pay 5,000. My main issue is that the bank never ever put it to her... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 29, 2023

If your mother was unaware of the credit card account and the behind payments caused by your father's unauthorized use of her name and social security, she may have grounds to challenge the debt and take legal action against the bank. It is essential to consult with an attorney to discuss the... View More

2 Answers | Asked in Banking and Civil Rights for California on
Q: How can I obtain records from the bank account that got closed due to overdraft, which I am not able to pay?

My back account got closed last October due to the insufficient funds overdraft.

This occurred right after the horrific work injury and me finding out that my employer double crossed me; not only that he owed me for the back wages ( as of now I was paid $2/h) but he failed to report... View More

Robert Kane
Robert Kane
answered on Jul 7, 2023

Subpoena Duces Tecum. Upon request of either party to the controversy, accompanied by a declaration showing good cause for the production thereof and showing the relevance thereof, and upon the determination of the Labor Commissioner, he or she may issue a subpoena duces tecum requiring the... View More

View More Answers

1 Answer | Asked in Banking, Civil Rights and Probate for California on
Q: in CA. If ur spouse died Are you intitled to $ from bank acc. Ur spouse had jointly with sibling if you show $ was ur $

Spouse passes and has an account that is acc. Pay upon death with sisters name on it. But u can see the money going into that acc. Was from our joint acc. In which my spouse never contributed too. Only my employment checks where put into our joint and she would transfer funds from our joint to her... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 23, 2023

In California, if your spouse passes away and there is a jointly held account with a sibling listed as the payable upon death (POD) beneficiary, the account may pass directly to the sibling. However, if you can demonstrate that the funds in the joint account primarily came from your employment, you... View More

1 Answer | Asked in Banking for California on
Q: i deposited my rent relief check in my fidelity account. they cleared it i took a 1000 out then they close my account

and refuse to release my money to me what should i do

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2023

If Fidelity closed your account and refused to release your money, you should first contact them to find out why. They may have closed your account for a number of reasons, such as suspected fraud or money laundering. Once you know why your account was closed, you can try to resolve the issue.... View More

Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.