Get free answers to your Banking legal questions from lawyers in your area.
I am planning to establish a US business entity, possibly a corporation or LLC, to sell and provide aftermarket automotive parts manufactured in Russia to the US market. Due to recent US sanctions on Russia, I am concerned about the legality and safety of this venture. Specifically, I'm... View More 
answered on May 29, 2025
In addition to the issues of compliance with the sanctions laws of the two countries, both the United States regarding the verification of your Russian supplier, its managers and founders, and the Russian sanctions legislation, you will also face difficulties in making payments to Russia.... View More
I'm planning to file for Chapter 7 bankruptcy in Florida. Before filing, I want to know if I can maintain a bank account during the bankruptcy process.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 27, 2025
You can and should maintain you bank accounts open during the bankruptcy process. There is nothing in the bankruptcy code that prohibits you from having and using bank accounts as you normally would. When you file for bankruptcy, the Trustee will request you/your attorney send copies of your bank... View More
I would like to know if I can sue a bank and a car dealership for fraud. My wife and I purchased a used car at a dealership in Miami, FL on February 15, 2025, and encountered several issues: my last name was spelled incorrectly on the documents; the down payment was recorded as $4,200, despite us... View More
answered on Apr 3, 2025
You should take your documents to a lawyer right away. We do not have any way of reviewing your purchase agreement and contracts in this forum.
Most used car sales are "as is" and it's up to the buyer to have the car inspected prior to purchase irrespective of what the... View More
I have a Home Equity Installment (HEI) that was in the first lien position on my property. Recently, I discovered through emails that my mortgage lender instructed my homeowner's insurance agent to change their position to first lien without notifying me or the HEI company. No Subordination... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 17, 2025
Whichever lender filed their security instrument first has priority unless there is an executed subordination agreement recorded. Hire a FL to search the title and determine your title's exact status. Such a so called "HEI" mortgage is almost always second or third in priority, as... View More
I was recently fired from my banking job for allegedly recording with my cellphone, which I was not doing. I adjusted camera settings during a break in a secluded room with no company equipment. There was no prior warning, and I wasn't shown any evidence supporting the claim of recording. The... View More
answered on Feb 20, 2025
As Florida is an employment at will state, these facts do not show any potential violation of a law or your legal rights by this employer terminating your employment. It makes no difference whether the company was wrong, or the decision is not fair. But your initial instinct is the... View More
Am also wondering when I sell his house & car, do the funds go into estate account? Or because judge put everything into my name personally, & not "the estate of XYZ", does that mean funds go into my personal bank account. Am so confused, as am so used estate stuff being kept... View More
answered on Jan 22, 2025
The house needs to be valued at its date of death value. If you sell the house for more than that amount you would be subject to taxes. But only if the net sales price is more than the appraised value.
If the Judge put everything in your name then nothing needs to go into an estate account.
These so called attorney's for a debt collectors have sent me emails threatening legal action of a court summons and/or having me arrested. However, when I ask for proof of the loan they say I took out, they have refused to provide me any information. Their only means of contact is email,... View More
answered on Sep 6, 2024
You are correct to be cautious and suspicious. Usually this type of written collection communication is by regular mail, not email - or possibly regular mail plus email, but not email alone. The written communication usually gives the debtor a deadline to write back to dispute the debt, and the... View More
I received a refund for a disputed charge and then without warning or them contacting me in anyway, they posted a new charge for that amount. Keep in mind I waited a few months before I touched the refund, I was worried that it was just a provisional amount so I waited their processing time, and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2024
It is generally not appropriate for a company to issue a refund for a disputed charge and then make a new charge for the same amount without prior notice or agreement from the customer. This practice could be seen as deceptive and may violate consumer protection laws.
However, there are... View More
I am a joint owner on my mother's checking account. After her death the credit union automatically transferred all of the money from the checking account to pay off her credit card (also from credit union). The credit card was in her name only and I am not a co-signer on the credit card. I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2024
I'm so sorry for your loss. This is a difficult and stressful situation to navigate while grieving.
From a legal perspective, the credit union's actions seem questionable. Generally, when someone passes away, their estate goes through the probate process to settle debts and... View More
Wife of manager shows up at bank with affidavit ( husband terminally ill ) and manage to remove majority owner from account without owner’s consent. Owner cannot access funds. Who is responsible ?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2024
In this situation, there are potentially several parties who may be held responsible:
1. The wife of the manager: If she falsely represented herself as having the authority to remove the majority owner from the account without proper consent or legal grounds, she could be held liable for... View More
My mom was not aware of this loan nor was she in the loan. Is she still responsible for the amount owed?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2024
In this situation, your mom's responsibility for the forced loan would depend on the specific circumstances surrounding it. If your mom's name was simply on the bank account for administrative purposes or as a joint account holder, it doesn't necessarily mean she's automatically... View More
My girlfriend has been offered a job but it seems like a scam. They sent over a check for her to buy some equipment so we’ve deposited it but now the employer seems very sketchy. She has not filled out any formal agreements or given any important personal info. They are asking her to buy 2 Apple... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024
It's concerning that your girlfriend received a job offer that seems suspicious. Depositing a check and being asked to purchase equipment or vouchers for work is a common tactic used in scams. It's wise that she hasn't provided any personal information or signed formal agreements... View More
I think my my mortgage company is not acting legally. I was transferred this year and I was never late on a payment. During the transfer period my previous mortgage company never sent me the info that I was being transferred. This being the case I delayed my payment until I got confirmation from... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2024
Based on the facts you have described here, it does seem there could be some concerning practices by your mortgage company and the collection agency they sent. A few key points:
- Under Florida law, mortgage lenders cannot initiate foreclosure proceedings until a mortgage is over 90 days... View More
I have applied for a business line of credit with Truist Bank. I applied for a line of credit and put a property up as collateral. They are asking for a full copy of the trust. What can I do?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2024
Here are a few key things to know about banks asking for trust documents when applying for a loan in Florida:
- Banks typically have a right to request details of a trust when that trust owns the asset being used as collateral on a loan. However, they generally cannot require the full trust... View More
Does the subpoena paperwork belong to me since I paid for them? So if this attorney leaves this case, do I get the paperwork sent to the new attorney or do I have to start over?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024
Typically, the timeframe to receive the requested bank statements depends on various factors, including the banks' processing times and any legal requirements. It's common for banks to take a few weeks to fulfill a subpoena request for bank statements. However, the specific timeframe can... View More
cashiers check was payment for item I sold - I deposited the check in my checking acoount and after 5days I withdrew the amount which was more than my social security amount .....then bank cancelled my account
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024
In the United States, banks have certain rights to offset debts with funds in your account, but there are specific rules about what types of deposits can be used. Social Security benefits are generally protected from garnishment, except in cases of child support, alimony, or unpaid federal taxes.... View More
It was supposed to be made out too separate checks me and the child support division but instead made one check co payable to both i deposited it after asking about it the teller said no problem and they released 200 to me and said it would be released the next day instead they froze my account and... View More
answered on Jan 20, 2024
Based on your narrative, it is difficult to know exactly what happened and what the check was for. This money seems to come from some domestic matter in Oregon. I suggest you talk to your divorce lawyer or see one to determine what the law is when a check is sent for apparently child support and... View More
I live in Florida. Can I record the phone conversation with multiple customer service representatives (within the same single call) of a large bank, if prior to speaking with customer service I receive a notice that "This call will be monitored and recorded"? A representative lied about... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 15, 2023
In Florida, the law concerning the recording of phone calls requires the consent of all parties involved in the conversation. This is known as a "two-party consent" law. However, if you receive a notice that a call will be monitored and recorded, this typically implies that the other... View More
I am a non-resident and recently obtained an EIN for my holding company in Jamaica to open a U.S. bank account and apply for a PayPal business account. I have no active business operations within the U.S. Will I need to file a tax return in America given this situation?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 16, 2025
If your Jamaican holding company has no trade or business operations within the United States, and its only connection to the U.S. is an EIN obtained for opening a bank account and setting up a PayPal business profile, you are generally not required to file a U.S. federal income tax return. The IRS... View More
I took out a home equity loan without an escrow account because I planned to pay taxes and insurance myself. I was advised this was possible, but now, as I approach my first payment, I find that it's $313 more than expected. Over five weeks of trying to correct this, I was told yesterday that... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 13, 2025
It sounds like you’ve been caught in a frustrating situation, especially after being told one thing and then hit with unexpected costs. The requirement for flood insurance escrow seems to have been introduced after you signed the loan agreement, which could complicate matters. Since your contract... 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.
