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Florida Banking Questions & Answers
1 Answer | Asked in Banking, Business Law and Criminal Law for Florida on
Q: is it a crime to list a dead person as treasurer of a company?

brother in law started record company and listed dead mother as treasurer. she died before he started company. is this not a fraud?

Andy Wayne Williamson
Andy Wayne Williamson
answered on Sep 28, 2017

Clearly there is more to this story.

On the limited facts you state I would say maybe inappropriate but not illegal. Depends upon how long the listing has been there in comparison to the passing of the person.

1 Answer | Asked in Banking, Bankruptcy, Collections and Consumer Law for Florida on
Q: Time Limit of a debt collector.

I have an 11 year old debt that collectors are still trying to collect on.

James  Turner
James Turner
answered on Sep 24, 2017

Unfortunately, there is no a time limit on a debt collector. State laws govern the length of time when you can be sued on a debt, but, a debt collector can still try and collect a debt that has been barred by the statute of limitations.

1 Answer | Asked in Banking for Florida on
Q: Is there a legal limit to the interest rate my bank can charge me?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 16, 2017

Florida Statute 687.03 in general prohibits an interest rate exceeding 18%, but, as the expression goes, "the devil is in the details". So, to review the statute go to the following link:... View More

1 Answer | Asked in Banking, Business Law, Small Claims and Consumer Law for Florida on
Q: can a bank come back after a account was closed 6 months earlier asking for money they made a mistake on depositing

After closing a account 6 months earlier, the bank sent us a letter saying we owe them $900. After going to a branch and speaking with a rep, they told us it was a error on their part that they put that money in our account (which we don't remember seeing). The branch rep told us we would not... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Aug 22, 2017

If I understand your statements correctly the bank made a mistake and gave you $900.00 that was not yours. You have since closed the account and did not realize that you got an extra $900.00 that you did not deposit yourselves.

Now you are wondering if the bank is precluded from getting...
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2 Answers | Asked in Banking, Car Accidents and Consumer Law for Florida on
Q: What happens if I stop paying for my car that was total loss 2 years ago and I repaired it, can the bank sue me?

I bought a car for the first time in this country and had a accident where my car was total loss, my loan was for like $12,000 and the insurance only give me $7,000 at that time I didn't know what to do and decided to fix it for that amount of money not knowing what car fox was and the total... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 7, 2017

Yes, if you stop paying they can sue you for the amount you still owe them. It seems strange that the insurance company paid you without getting a release from the dealer (or loan company; whoever had the lien on the car).

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1 Answer | Asked in Banking, Consumer Law, Small Claims and Business Law for Florida on
Q: Is the personal guarantee in a corporate credit card "Cardholder Agreement" binding if I did not sign?

My single member LLC (dissolved since 2015) opened a corporate credit card with Bank of America in 2013. I opened the account as the sole officer/member of the LLC and used it strictly for business. The account went into default when my business closed, and was charged off in 2014.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 13, 2017

Their claim may be barred by the Statute of Frauds.

Florida Statute 725.01 provides in pertinent part that:

"No action shall be brought whereby to ... charge the defendant upon any special promise to answer for the debt, default or miscarriage of another person ..., or upon...
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1 Answer | Asked in Banking and Bankruptcy for Florida on
Q: I have a classic car in an irrevocable trust for my children and we might have to file bankruptcy will the car be safe?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 2, 2017

Perhaps. It depends on such things as whether you were insolvent at the time you created the trust, and whether you put the car in trust with the intent to keep it away from your creditors.

1 Answer | Asked in Banking, Civil Litigation and Civil Rights for Florida on
Q: Can I close my checking account during a civil case?
Mark Siegel
Mark Siegel
answered on Apr 30, 2017

Although the answer would usually be yes, of course, need more facts to give you an accurate answer.

1 Answer | Asked in Banking and Consumer Law for Florida on
Q: The only thing he had was a bank account nothing else. My brother was murdered in Louisiana and i am in Jacksonville we

Received his death certificate but don't know what to do to close his bank account at Chase bank please help

James  Turner
James Turner
answered on Apr 5, 2017

Present the death certificated to you local Chase Bank and ask them for their procedures.

2 Answers | Asked in Banking, Contracts, Real Estate Law and Arbitration / Mediation Law for Florida on
Q: Seller refuses to release earnest money deposit. Wants to split the 5k. I think is unfair. I offered 1k but wants half.

I have a standard FL Real Estate contract that was executed on 12/06 . Closing date was 1/19 but due to some delays by the condo assc. providing some updated docs and by lender. I had to ask seller for extensions. Seller was at all time informed and in contact with lenders as well. Last ext.... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Mar 16, 2017

I suggest that you speak with a real estate attorney in your area. The real estate contract should govern the result here. However this type of situation will turn upon small details of dates and times. You need a lawyer who can read the signed contract and related emails and then Give you an... View More

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1 Answer | Asked in Banking and Business Law for Florida on
Q: What are the retirement plan options for single member LLCs taxed as S corp?

What are the retirement plan options for single member LLCs with elected S status? Are there any plans where you can contribute dividend distributions? Couldn't find any information for this situation specifically.

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Mar 11, 2017

This question is best addressed by an investment advisor - not an attorney.

Speak to a Certified Public Accountant or an investment advisor associated with an investment company (Morgan Stanley, JP Morgan, etc).

1 Answer | Asked in Banking, Contracts, Consumer Law and Foreclosure for Florida on
Q: Can bank sell my mortgage for a discount without my knowledge the report deficiency on credit?

The bank filed foreclosure against my business and home which they held a heloc loan on after I couldnt pay a balloon pmt. I found a buyer for my business who was to pay off both loans in exchange for the business. At closing they arrived with "full" assumptions of my loans and were to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 5, 2017

Your story is not quite clear. You found a buyer, the VP of the bank came to the closing and signed some sort of a release, but you also write that you "never agreed or even knew about this sale." Is that a different sale than the one you arranged?

2 Answers | Asked in Banking and Real Estate Law for Florida on
Q: My boyfriend and I bought a house together, he put up the finances. Can he force me out? He left the state - ref to pay.

He is bullying me into selling the home. But I never agreed that I wanted to leave. He refuses to pay his share of the mortgage. And has threatened to destroy the house if I get rid if his things. I feel he has abandoned the home, me, and dog. He has no intention of returning. He is threatening to... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Feb 28, 2017

You are in a very difficult place. You do own your part of the house. However, you apparently signed a mortgage which means that a bank has a lien against the home which is superior to your ownership if you do not pay the mortgage.

You do have the right to partition the property to have a...
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1 Answer | Asked in Banking and Consumer Law for Florida on
Q: Can a bank refuse to take my unroll coins? Doesn't seem right. Its still money and they are a bank.
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 22, 2016

And they are a business. If there is no profit margin in taking a pile of coins (There isn't), and they don't believe it is an amenity that will attract customers, go to another bank or fill coin rolls yourself.

1 Answer | Asked in Banking and Social Security for Florida on
Q: My older cousin basically robbed my mother..

My older cousin was staying with us for a while and took my disabled mother to make a bank account and the teller suggested my mother put a back up on her account just in case because she's blind, and my cousin helped look after the account. she moved out last week and I took my mother to the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 16, 2016

Yes, your mother can sue your cousin to recover the money.

1 Answer | Asked in Banking and Consumer Law for Florida on
Q: Right to Set Off exercised by my bank.

My wife has a repossession through our Credit Union, but I was not on the loan and she is not on my checking account. I went to deposit a check from the State of FLA issued for our foster child as I have done for over a year and today after handing me a deposit slip showing the funds in my account... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 11, 2016

A check is the most common form of negotiable instrument. You were not a holder in due course, because you were aware of the bank's claim against your wife. Therefor the bank was entitled to assert it's setoff claim against the payee of the check (your wife) as a superior claim to that... View More

1 Answer | Asked in Banking, Consumer Law and Family Law for Florida on
Q: I live in florida, currently married for five years. Can i still receive funds if we have a separate bank account?

My husband has just received a cash advance on behalf of a pending lawsuit. He didn't want me to have any of the money so he planned on taking his name off of our joint bank account and start him a new one. Instead I took myself off the account and started my own separate bank account. Am I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 3, 2016

You didn't indicate the nature of the lawsuit and whether you are entitled to any of the proceeds. Assuming that you are not, no: you are not entitled to receive any of the money. And no, you cannot withdraw funds from your husband's separately-owned account.

1 Answer | Asked in Estate Planning, Banking and Real Estate Law for Florida on
Q: Processing says underwriter will not accept cash gift which was stated as tax payments,cash was deposited in gifters

Bank account...what to do?? ,todays date8/21/16..close 8/30/16...my broker cant be reached

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Aug 26, 2016

You will need to retain a lawyer. No one has to accept a cash transfer as proof of anything. If there were back taxes owed it is the seller's duty to prove paying them off before closing; or a credit to buyer who will pay them.

1 Answer | Asked in Banking and Consumer Law for Florida on
Q: what is the statute of limitations of not being notified of a bad check after 7 years in the state of pennsylvania

the check was supposed to be for 1400 dollars so the cop said..

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 20, 2016

You wrote a bad check in Pennsylvania 7 years ago? Are you being charged with a related crime in Florida?

1 Answer | Asked in Banking for Florida on
Q: What are benefits of Assignment Trust to Benefit Creditors in FL & IL for commercial loans in suit against banks?
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 10, 2015

That the creditors will get paid what is owed? Not enough facts here for much of an answer.

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