Stephen Bilkis Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2025

I understand that you want to make sure your bank accounts are properly aligned with your new trust. This is a common step after creating a trust, and handling it correctly helps ensure that your assets will be managed and distributed according to the terms of the trust. In New York, the process of... View More

Lyaman F. Khashmati Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 6, 2025

Undocumented immigrants, including those without a Social Security number, can still cash or deposit personal injury settlement checks in several ways, though conventional banks may refuse accounts due to their policies. One common solution is for your husband to apply for an ITIN (Individual... View More

Your husband can cash the settlement check through several legitimate methods even without a Social Security Number. Many banks and credit unions offer ITIN-based accounts, which are designed for individuals without SSNs. He can apply for an Individual Taxpayer Identification Number (ITIN) through... View More

Stephen Bilkis Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 30, 2025

I’m sorry to hear about the loss of your father. Navigating the process of accessing a deceased relative’s assets, especially across jurisdictions, can be stressful and confusing.

In New York, if someone dies without a will, their estate must go through a process called administration,... View More

I'm sorry about your tragic accident. Try to find information about the file for your award as an infant. In New York, awards for infants involve hearings before judges and infant compromise orders - if you could track down that paperwork, it should be helpful to the bank in ascertaining your... View More

If the accounts are in your name (or for your benefit), you shouldn't need any legal representation whatsoever. Proof of identification should be sufficient, i.e. driver's license, along with a copy of the court order pursuant to which the account was opened. That said, it's likely... View More

Interesting question. If you can PROVE that you received the phony money from the ATM, you may have a lawsuit for negligence against the bank which should be expert at spotting a phony bill, even a $20 one. You don't mention the amount, but I assume it wasn't more than a few hundered... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024

If you're facing issues with a merchant who hasn't provided all the services outlined in your contract, even though it states "no refunds," you can still dispute the charge with your credit card company. Begin by gathering all relevant documentation, including the contract, any... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024

If Stripe has held your funds for 90 days and you believe this is unjustified, it's understandable that you would be concerned and consider taking action. Yes, your lawyer can send them a legal complaint regardless of the agreement's terms if they believe there are grounds for dispute.... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2024

First, check whether the business credit card was indeed under a personal guarantee. If it was, the delinquency could rightfully appear on your personal credit report. However, if the card was strictly under the business's name without any personal guarantee, you might have grounds to dispute... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2024

It sounds like you're facing a frustrating situation with your funds held in a closed account. Given the complexity of the issue and the unsuccessful attempts you've made so far, it's advisable to escalate your complaint within ETrade's customer service hierarchy. This might... View More

Your issue may require a review of the terms and conditions that you agreed to when opening the account.

However, I would also recommend that you conduct a name search of the New York State Comptroller's Office of Unclaimed Funds. https://www.osc.ny.gov/unclaimed-funds. New York... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 6, 2024

In your situation, it's important to communicate your financial limitations clearly to the credit union. Explain that you are on Social Security and cannot afford the $250 monthly payment. It's helpful to provide a detailed account of your income and expenses to show why the payment is... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2025

In this situation, the name mismatch between your grandmother’s bank account and her current identification can make access difficult, especially since your mother does not have legal authority yet. Banks typically require that the names on the account match legal documents to prevent fraud, so... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 3, 2025

For an EB-5 investment, it is legally permissible for the funds to come from a loan, but there are strict conditions that must be met. The loan must be secured by the investor’s own personal assets, not by the assets of the business that will receive the EB-5 investment. In other words, if your... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 27, 2025

You can oppose the motion because New York requires proper service of motion papers under CPLR 2103, and if they claim to have left the papers with someone at your home when you live alone, submit a sworn denial and request denial or adjournment for improper service.

Also verify compliance... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 27, 2025

What you describe sounds like a serious mistake by the lender that has already caused major financial harm. If you were never in default and can show consistent bank statements proving your payments, you may have strong grounds to challenge both the default classification and the actions taken... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 20, 2025

If you fail to appear at court on October 1, 2025, the judge may issue a **default judgment** in favor of the bank. This means the court could rule that you owe the full amount claimed, including the original debt, interest, fees, and court costs, without hearing your side of the story. Once a... View More

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answered on Sep 19, 2025

The first step is to respond to the court as quickly as possible to explain your financial situation. You can do this by filing an affidavit or sworn statement stating that you do not have the funds in your bank account and cannot pay the amount indicated in the notice. Include details about your... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 8, 2025

In New York, your SSDI benefits are federally protected from garnishment or seizure by creditors, with very limited exceptions, such as federal tax liens or specific government debts. A bank generally cannot restrict your access to these funds to satisfy personal loans without a court order.... View More