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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
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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
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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 ?
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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?
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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
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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
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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?
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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?
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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
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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
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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
He paid $15,000 and $7,000 was a check. He canceled the $7,000 check and is refusing to pay me.
answered on Dec 5, 2024
You can send over a demand letter demanding he pay the balance. Usually, it is a little stronger when a demand letter is on a law firm letterhead. Alternatively, you can file in small claims court.
Not legal right? Which are the laws I can show him that this is not compliance?
answered on Sep 12, 2024
Depending on the intent with which it would be done, it could be ordinary common law fraud - which could involve numerous state statutes, depending on context, industry, and other factors. Good luck
The returned the provisional credits and have not been able to provide me with documentation that shows I made those purchases. I get a letter stating that my card and pin were used...I filed a police report but after refiling and reappealing I am stuck with almost 1000 in these charges.
answered on May 8, 2024
Contact a consumer protection attorney that is familiar with the Electronic Funds Transfer Act. Also, keep track of all disputes you have made and the bank's responses.
Will I need an attorney to stop the NOD process, or can I deal with the bank directly to bring loan to current? Will my personal home be in jeapordy of sale if I backed up the investment property loan with a personal guarantee?
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answered on Oct 10, 2023
In Florida, if you receive a Notice of Default (NOD) for a property in New Mexico, the time before an auction varies, often taking several months, as New Mexico uses a judicial foreclosure process. You can directly negotiate with the bank to make the loan current; they often prefer resolving issues... View More
Boyfriend at the time stole my purse and sold food stamps to 4 different people on the same day same store they have punished me for 3 years where I couldn't get food stamps at all no place on the country i went hungry alot was homeless alot too I moved to Florida to get away from those people... View More
answered on Oct 2, 2023
I don't know what "dss" means, but in any case, a question on a NC limitations period must be asked of a NC attorney. Since your inquiry is indicated to be from Sebring, Fla., mostly Fla. attorneys (like me) will see your post. Also, legal advice on the filing deadline specific to... View More
I gave him POA already
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answered on Aug 25, 2023
Using a Power of Attorney (POA) to manage your financial affairs is a legal way to grant someone else the authority to act on your behalf. However, it's important to ensure that the actions taken under the POA are within the bounds of the law and the terms specified in the POA document.... View More
So far all the banks I've asked denied financing. I've asked USBank, Bank of America, Regions, Wells F, etc for a loan to help in finding a job, move to a different state, or for personal things and they have all denied. It's a bit surprising because I thought that was the point of a... View More
answered on Jul 19, 2023
No, a lawyer cannot sue private institutions to force them to establish you credit. As long as the lenders are not denying you based on a protected class such as race, religion, national origin, sex, or one of the other few protected classes, they are not breaking any laws. Not having a job or a... View More
A friend of mine is in college and she tried to get a loan to pay for college, but apparently because her mother is in debt, she isn't able to get a loan.
Edit; this person is 21, She tried to take out a loan originally but they claimed that since her direct family member (her... View More
answered on Jul 18, 2023
I agree with Ms. Lipan's short take, but there's more, of course.
Your question raises a plenitude of issues, most of them not questions of law:
With almost all of the nation's banks attempting to beef up their respective capital coffers, and the Fed causing not just... View More
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