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New Jersey Banking Questions & Answers
1 Answer | Asked in Banking and Collections for New Jersey on
Q: I found out I have a bank levy and they took all the funds from my account. I have direct deposit from my job.

Since they already withdrew my funds, will I receive my next deposit?

Leonard R. Boyer
Leonard R. Boyer answered on Feb 26, 2022

First of all, we don't know who "they" are, so realistically, you should first make sure your next direct deposit goes into a new account, like a Credit Union. Second, you need to retain an experienced civil litigation and bankruptcy attorney and possibly someone who also has a... Read more »

1 Answer | Asked in Criminal Law, Banking and Business Law for New Jersey on
Q: Hello there, how do I go about bringing embezzlement charges against someone? What lawyer would I be looking for?

My husband’s business partner stole $20,000 from their joint business account after my husband was locked out of the online banking portal. It been going on for a couple of months and it’s clear the the former business partner had something to do with that; which I can only assume is bank fraud... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 15, 2022

You need a lawyer that handles litigation the lawyer fees however for these types of cases are never cheap as generally you will be in protracted litigation as people will generally try to hide their wrongful actions.

1 Answer | Asked in Estate Planning and Banking for New Jersey on
Q: does a debtor need the POA's SSN, DOB, full name, Address, phone # and email to get information on the account?

i am trying to get information as a POA from an account set up by a prior POA for my grandmother. They are asking for all of my personal information to access her account stating "Banking laws require" it sounds odd since my information has nothing to do with her account.

Nina Whitehurst
Nina Whitehurst answered on Feb 10, 2022

Personally, I agree with you that all of that information about YOU, the attorney in fact, should not be required. Some of it, maybe, but not all of it. HOWEVER, the sad fact is what the bankers are telling you is correct. They have to satisfy government regulatory requirements that mandate that... Read more »

1 Answer | Asked in Banking, Criminal Law, Elder Law and Federal Crimes for New Jersey on
Q: selling bitcoin for cash or cashiers cheque is legal in usa . the payments were received from 3 rd party

the cashiers cheques received were from individuals, who I did not know .

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 9, 2022

Not necessarily, but more information is needed to answer your question. I suggest that you setup a consultation with a business cybersecurity internet lawyer. That being said this could be a scam. Expect the lawyer to charge you a fee for the advise.

1 Answer | Asked in Banking, Civil Litigation and Collections for New Jersey on
Q: Can a court levy my bank account without notification of any court case against me?

I currently live in FL. Previously lived in NJ. Noticed today that checking and savings accounts were levied. When I spoke to my bank, they said the superior court of NJ authorized this. I never received any notification of a pending court case against me. The address on my license and with the... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jan 18, 2022

Significiantly more information is required for a meaningful answer.

1 Answer | Asked in Consumer Law, Criminal Law, Banking and International Law for New Jersey on
Q: I would like to sue Binance for stealing from me, and am in need of legal assistance

Binance has over 300k in stolen assets, and refuses to return it or cooperate with investigation, and also locked my account.

Hassan Hussein Elkhalil
Hassan Hussein Elkhalil answered on Mar 30, 2021

File a police report for the stolen assets.

3 Answers | Asked in Bankruptcy, Estate Planning, Banking and International Law for New Jersey on
Q: If Im poa on my Dad's account, that can't be affected by my bankruptcy? Also can I open a new account with us both on?

My father is moving to a new country next week and I am newly appointed durable power of attorney over his financial accounts.... If I file bankruptcy that shouldn't effect his banks accounts correct? Also I was thinking of opening a new checking account with my father and myself as joint... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 10, 2020

Do not open any bank accounts until after your bankruptcy is discharged. Do not look for problems. You also need to be represented by an experienced Bankruptcy attorney. What you do not know can cause you all sorts of problems. You really need to leave things alone. Even with the Pandemic, if you... Read more »

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1 Answer | Asked in Banking for New Jersey on
Q: Can OCWEN (a mortgage servicing company) REFUSE to accept a $5,000 Cashiers check on outstanding mortgage debt?

The agreement was to send the $5,000 Cashiers check and follow it up with 1 ot 2 checks for the remainder.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 11, 2019

Rather than ask unanswerable questions to lawyers here on Justia you are advised to put the rejected $5,000 cashier's check in a safe place--or turn it in to the issuing bank, get your $5,000 back and put IT in a safe place while you look for a lawyer capable of defending against the... Read more »

1 Answer | Asked in Consumer Law, Banking, Business Law and Collections for New Jersey on
Q: Ate payday loans illegal in NJ?

I heard that payday loans are illegal in NJ. I took 600 put and paid four payments of $206 . I also heard that since they are illegal I only have to pay the principal. Is this true,? The rest of my cc and such ate in good standing so I don't want to file for bankruptsy. What can they do to me,,?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2019

Think this all the way through: If the payday loan creditor operates its business anywhere in the state of New Jersey there is a really strong possibility that payday loans are NOT illegal in New Jersey. What can they do if you do not repay? They can sue you.

1 Answer | Asked in Real Estate Law and Banking for New Jersey on
Q: When two co-borrowers own a home in NJ if one person wants to sell and the other doesn't, can a sale be forced?

The remaining mortgage amount is an amount one co-borrower can pay independent of the other co-borrower. (In fact, one co-borrower has always made 100% of the mortgage payments.) One co-borrower is not planning to move; the other had moved away from the home years ago. Both co-borrowers pay real... Read more »

Vincent Gallo
Vincent Gallo answered on May 24, 2019

Under normal circumstances, one person can force the sale of real estate by means of an action in partition.

1 Answer | Asked in Real Estate Law and Banking for New Jersey on
Q: I sold my NY home in Mar. & had paid school & town taxes in Jan. for the year 2019. Am I entitled to a partial refund?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 17, 2019

If you sold your house through a Realtor, lawyer, title company or other closing agent they should have given you a pro rata credit for the 2019 taxes you paid and an offsetting charge against the new owner's proceeds. Look at your closing statement.

1 Answer | Asked in Banking, Consumer Law, Contracts and Identity Theft for New Jersey on
Q: Can a Chase bank be sued for giving unlawful acces to my bank account to my business partners?

My business partners rather than asking me if they had any confusion, continued to purchase goods from my other business that is owned by my wife. Since they were verbally told several times and there is nothing in writing they took advantage of the situation to edge me out of the business. I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 1, 2019

Hire a lawyer experienced in business litigation, banking law and corporations law.

1 Answer | Asked in Banking for New Jersey on
Q: I co signed the mortgage of my cousin almost 5 years ago where we had a verbal agreement that in 2 years he would refin

Ance and I am struggling for him to take me off the mortgage. What do I do?

Leonard R. Boyer
Leonard R. Boyer answered on Feb 14, 2019

You need to retain an experienced civil litigation attorney to represent your interests in this matter. There is a straight forward way that an attorney who is experienced in both civil litigation and real estate can take to protect your interests. Trying to represent yourself in Court is a bad... Read more »

1 Answer | Asked in Foreclosure, Real Estate Law and Banking for New Jersey on
Q: house going to Sherriff sale. NOT short sale. Arm's length applies to short sale. Does it apply to Sherriff sale in NJ

While buying it at auction myself might cause the bank to go after balance deficiency, since it is a public auction there should be no legal reason my father can't bid and if he wins the high bid sell me the house at 1 dollar. Again much different from the short sale where I am coordinating... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 17, 2018

There is no way of knowing who will win the sheriff sale. This is very different from an auction. If it was a short sale, you do not control anything, the lender does and statistically most short sales fail.

1 Answer | Asked in Consumer Law, Products Liability, Real Estate Law and Banking for New Jersey on
Q: I am a Notary in NJ. Am I allowed to be a witness on a document I am notarizing?
William N. Sosis
William N. Sosis answered on Oct 11, 2018

No. Notaries can't notarize their own signature. You might also want to read this: https://www.state.nj.us/treasury/revenue/pdf/NotaryFAQ.pdf

1 Answer | Asked in Banking, Business Law, Contracts and Employment Law for New Jersey on
Q: Hi. I work for a bank, and have to pre-clear with them if I want to buy stocks. Do I have to pre-clear for ETFs as well?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jun 6, 2018

More information is needed to specifically answer your question, but your best bet is to ask your employer and get it in writing.

1 Answer | Asked in Employment Law, Antitrust, Banking and Business Law for New Jersey on
Q: I was just curious if it is illegal to let someone look at your check and compare it to theirs
Leonard R. Boyer
Leonard R. Boyer answered on May 19, 2018

How could that possibly be against the law?

1 Answer | Asked in Banking, Consumer Law, Criminal Law and Identity Theft for New Jersey on
Q: If I , a minor, assume a falsified identity in order to receive a loan in nj from a bank in florida can i be convicted

Applied for loan on internet

Value of the property stolen was 30000

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 15, 2018

The only difference on how a minor is treated in our criminal justice systems is that instead of going to jail you go to a detention facility and your criminal record will go away if treated as a minor. In my opinion juvenile detention is much worse than jail due to the young inmates being more... Read more »

1 Answer | Asked in Tax Law and Banking for New Jersey on
Q: Hello,I'm new to this forum and first time asking a question. This is more of an accountant type question.

Hope you can help with these questions. My parent passed away a few years ago and had life insurance. After bills were paid and other expenses the rest was divided among the surviving children. I did receive a small share in the form of a check. I kept the check and have not cashed it.... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Feb 16, 2018

This is a difficult question to answer without a lot more detail. But in general, you would need to list the check as an asset on your financial statement. If you spend the funds on necessary living expenses prior to setting up a payment alternative it might not be an issue. Filing a fraudulent... Read more »

1 Answer | Asked in Banking, Civil Rights, Constitutional Law and Criminal Law for New Jersey on
Q: Can police keep my ATV that i owe money to the bank for? Charged with eluting they say “it’s evidence in a crime”.
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 11, 2018

Yes the police can keep it and you still have to pay the loan. You need to hire a good lawyer for your case eluding is a serious charge with lots of jail time.e possible/probable.

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