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New York Banking Questions & Answers
2 Answers | Asked in Banking, Business Law and Contracts for New York on
Q: Can a company breach their own "terms of use"?

Can a company breach their own "terms of use"? I was the victim of identity theft. A hacker took over my account with a crypto bank and then stole all my bitcoin. The crypto bank has in their "terms of use" that users cannot withdraw more than usd 20,000 within 24 hours unless... Read more »

Michael David Siegel
Michael David Siegel answered on Apr 20, 2020

It depends on the whole agreement, but it seems like you might have a case. Make sure you file a criminal complaint as well.

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3 Answers | Asked in Banking, Contracts, Mergers & Acquisitions and Tax Law for New York on
Q: Can I file my dads tax returns if he passed away last year oct? How does this process work?

He is currently married to his wife in which her and I are in very bad term due to her infidelity. How can i go about this potentially without her?

Michael David Siegel
Michael David Siegel answered on Apr 16, 2020

Whoever is the estate fiduciary can file the return. The refund, if any, goes to the estate. The first $50,000 of any estate (unless there is a will) goes to the spouse. Thus, you need to determine if there is anything in it for you, if an estate is worth commencing, and if a return should be... Read more »

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2 Answers | Asked in Banking for New York on
Q: Scammed with fake checks and getting my bank accounts closed and cant reopen them how can I fix that?

So I was looking for a job and submitted my resume for a job it was remote. Well I did the interview online and stuff they said I need some work equipment which company will pay for it. So they send me a check for 1435 and they told me to deposit it thro your mobile deposit and I looked over the... Read more »

Michael David Siegel
Michael David Siegel answered on Apr 15, 2020

Your story is not fully stated. You sent them the money for the "equipment" , right? Otherwise there is nothing in it for the scammer. The short answer is there is something called Checksystems which is like a credit report for bank accounts, and you are down as a bad person. To open... Read more »

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1 Answer | Asked in Consumer Law and Banking for New York on
Q: Bank changed my routing number. Now I'm over a month with no unemployment.

Now I gonna get hit with all these fees. My checks have the old routing number and were told that information was good and didn't need new checks. Fast forward now, after I was barely able to sign up for unemployment, I still have no money.

Tim Akpinar
Tim Akpinar answered on Apr 12, 2020

I'm sorry for your ordeal. Unfortunately, it has become difficult to conduct many ordinary banking operations because of the health crisis out there, with some banks maintaining lobby service, some drive-through only, and some only online or through appointment. Try to see if the bank could... Read more »

1 Answer | Asked in Banking, Car Accidents, Contracts and Small Claims for New York on
Q: I traded my car in, they still haven't paid it off, and it will default on a few weeks. What can I do from here?

Long story short, I traded my car in back in December and it still hasn't been paid off over three months later. In response to one of the answers received: the plates were taken off and registration WAS cancelled. In January, I received a letter stating that the car was involved in an... Read more »

Michael David Siegel
Michael David Siegel answered on Mar 14, 2020

When you traded in, you should have taken the plates and canceled your registration. Sounds like you left the plates on, which is your fault, and the part of the scam here.

1 Answer | Asked in Banking for New York on
Q: My mother passed away there is no will I live in ny and her bank account was in Florida . How do I get access to account
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 9, 2020

If your mother lived in Florida before she passed away you may need to hire a Florida lawyer with banking law experience as well as probate experience to help you.

1 Answer | Asked in Banking for New York on
Q: I have paid $ 15000 before and after I had a loan contract. Now I ca n’t connect to this company. What should I do?
Michael David Siegel
Michael David Siegel answered on Mar 4, 2020

Call the New York State Banking Department and see if this is a real company. If not, call the police and/or FBI.

1 Answer | Asked in Banking for New York on
Q: I am beneficiary on life insurance policy with another beneficiary . Do i have to wait to receive funds on him

I have provided my information and death certiicate

Tim Akpinar
Tim Akpinar answered on Feb 14, 2020

I'm sorry for your loss. The claims representative for the life insurance company should be able to answer any questions about the timeline for receiving payment. If you recently provided the information, they may still be reviewing the claim. If you do not hear from them soon, you could... Read more »

2 Answers | Asked in Criminal Law, Estate Planning, Banking and Probate for New York on
Q: Is it illegal for my Dad's Girlfriend of 13 years to use his ATM card after he dies? What law makes this illegal in NY?

My father was declared brain dead on Jan 9th, and passed away on Jan 24th. His girlfriend has made 2 withdrawals using ATM, one of which weeks after death. The DA said that it's not illegal if he gave her permission; but, how can he give permission if dead? They are not married. He died... Read more »

Elaine Shay
Elaine Shay answered on Feb 13, 2020

Regardless of whether you are able to convince the DA to take action, the Estate can commence civil litigation to recover any funds wrongfully withdrawn.

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1 Answer | Asked in Banking, Civil Litigation and Consumer Law for New York on
Q: Can a bank take my moms money out of her account to pay my loans without permission, but said they did? They did not

I am three months over due in my loans. My mom and I are members of the same credit union. She is not however, a cosigner on any of those loans. They took $500 out of her account to pay it. Upon calling about it, they stated I gave them permission. I most certainly did not, not even close! My mom... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 13, 2020

The only explanation is that you are a signer on one or more of your mother's accounts at the credit union? Otherwise they are not supposed to do what you say they did.

1 Answer | Asked in Banking for New York on
Q: What is it called when someone deposits a fake check in to your debit checking account.

What can be don’t to solve this problem is any

Michael David Siegel
Michael David Siegel answered on Jan 5, 2020

It is a crime. Report to the bank and police immediately.

1 Answer | Asked in Banking and Tax Law for New York on
Q: Do I need to pay taxes when transferring money from my foreign bank account to my American account?

Hi, I wanted to get information about the possibility of transferring money I have in Brazil in my account there to my US account, about $225,000. Do I need to pay tax on that when I transfer, or in the end of the year? Do I need to declare it in my tax return? I am a temporary resident in the US... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 3, 2019

Any transfer over $10,000 US is reported by the bank but is not taxed.

You don't report it on your personal income return as long as it's a personal transfer.

If it's a gift or earned income it changes things.

1 Answer | Asked in Banking, Contracts and Family Law for New York on
Q: My neighbor who has no family passed away and my family wants to claim the body. Is there any way to Access her money?

The money would be used to pay for her funeral and what not

Michael David Siegel
Michael David Siegel answered on Nov 15, 2019

Not immediately for this. You can get it back later.

1 Answer | Asked in Consumer Law and Banking for New York on
Q: Checks designated to be paid to ONE, were stamped & deposited into TWO, without the permission of the check writer.

The check writer is now asking why this occurred, since it was not their intention for their money to go to TWO. What is the recourse?

Taylor P Waters
Taylor P Waters answered on Oct 30, 2019

The check writer does not usually have a say in what happens after a check is written and signed. For example, the person to whom it was made could have simply indorsed the back and made it bearer paper, where anyone could have further indorsed it to whomever. The check writer's intention... Read more »

2 Answers | Asked in Consumer Law and Banking for New York on
Q: Checks designated to be paid to ONE, were stamped & deposited into TWO, without the permission of the check writer.

The check writer is now asking why this occurred, since it was not their intention for their money to go to TWO. What is the recourse?

Michael David Siegel
Michael David Siegel answered on Oct 29, 2019

It depends on what ONE intended to happen.

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1 Answer | Asked in Banking and Collections for New York on
Q: Can a New York bank ignore EIPA Laws because levy was placed on accounts relating to a CALIF judgement?

I am in New York resident with New York bank accounts. My bank will not release my funds and recognize my protection under EIPA $1740 exemption for basic living needs. Each account contained under $1,740. because it’s a California judgement. Are they acting lawfully? What are my options? Thanks

Michael David Siegel
Michael David Siegel answered on Oct 4, 2019

It depends where the levy was done. If it is a New York restraining notice, then EIPA applies. If it is a bank in CA, and the levy was done there under CA law, even though you live in NY and use an NY branch, CA law applies.

3 Answers | Asked in Banking, Criminal Law and Estate Planning for New York on
Q: Can a joint account holder deposit a check into their account if the check is made out to someone who passed away?

Mother received a large check from retirement account and she passed away before cashing it. Her boyfriend deposited the check into their joint account several days after her passing and then closed the account once the check cleared. He now has the money and is refusing to give it to the children.... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 28, 2019

If he endorsed a check made payable to your deceased mother he committed fraud. You can call the police and/or DA to report it.

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1 Answer | Asked in Banking and Business Law for New York on
Q: is it right for me to be charged as the vendor for something that the customer inputted online incorrectly?

https://support.buildium.com/hc/en-us/articles/200689678-Return-Code-R03-Unable-to-locate-account-or-name-does-not-match

we are not a retail establishment

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Sep 11, 2019

Greetings. Are you a retail establishment? If so, New York has codified general business rules concerning refunds. For example, a retail merchant that has a refund policy must provide notice of the policy to its customers and then live up to whatever promises are made in the policy. If... Read more »

1 Answer | Asked in Banking for New York on
Q: trying to get money back from western union that is owed to me

i have been trying for over a month to get back money that is owed to me by western union. every time i call im told the check "should" arrive next week, and every time i ask to speak to a supervisor im put on hold for at least 20 minutes, or until i hang up. once im put on hold the call... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 28, 2019

Yes, you could hire a lawyer and sue Western Union; but the fees would be a lot more than the amount they owe you.

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