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North Carolina Banking Questions & Answers

1 Answer | Asked in Personal Injury, Tax Law, Banking and Civil Rights for North Carolina on

Q: Need ethical law firm that can process the evidence of dishonor against a bank for internal document fraud, Fudiary duty

I am involved as the victim of an identity theft operation called ghosting. My bank altered the tax ID # and my date of birth on the internal documents that are associated with my business accounts, overriding my social security number and date of birth with the identifiers belonging to somebody... Read more »

Bruce Alexander Minnick answered on Jul 15, 2019

This free legal advice forum is intended to help consumers better understand common legal terms and to explain general legal principals and procedures to non-lawyers interested in understanding more about the law. Accordingly,

this forum is not the place to seek free legal representation...
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1 Answer | Asked in Banking and Consumer Law for North Carolina on

Q: If I believe my bank is incompetent in handling a $60 charge back for a hotel room is there anything I can do about it?

I went to a hotel, to get a room that costs $60 per night. The hotel has a policy that there is only 15 minutes within paying to either change rooms, or ask for a refund, and makes people sign a paper stating this, and does not let people look at the rooms first before deciding to pay. In my case,... Read more »

Bruce Alexander Minnick answered on Jun 21, 2019

Wow. It's too bad you did not anticipate any problem when this (very cheap) hotel made you sign an agreement not to complain about their cheap rooms unless you do it immediately. In any event, there is nothing you can do to force your bank to give you the $60 that the hotel kept. Why not consider... Read more »

1 Answer | Asked in Banking, Civil Litigation and Consumer Law for North Carolina on

Q: Can I be sued civilly for a debt to wachovia bank from 2009?

I recieved a call from a person claiming to be a part of 'Larkin mediation'. He said that I owed wachovia bank 100$ back in 2009 and that If I do not settle for 400$, I will be served and brought to court for over 2000$. When I searched their phone # I get no results for a business. They have not... Read more »

Bruce Alexander Minnick answered on May 21, 2019

This is a scam. Ignore these scammers.

1 Answer | Asked in Banking for North Carolina on

Q: Question about band fraud committed against my mother while she was in hospital and passed away.

I am the executor of my mother's estate. During the asset collection process I discovered my sister had stolen and used my mother's debit card while my mother was in ICU and medically induced coma. She never regained conscience and passed away. The bank is refusing to credit back and chargeback the... Read more »

Bruce Alexander Minnick answered on May 13, 2019

Unless you have opened a probate estate and have been accepted as the executer your being named the executor of your mother's estate in her last will is not enough to get the bank's attention. Furthermore, you cannot sue your sister personally because she did not steal anything from YOU; she stole... Read more »

1 Answer | Asked in Banking, Civil Litigation, Consumer Law and Contracts for North Carolina on

Q: If a lending company of student loans commits “usuary”, what law does this fall under?

Which state does the “usuary” law (s) apply? The resident’s state or the lending company ‘s state?

Bruce Alexander Minnick answered on May 6, 2019

Penalties for usury are applicable in the resident's state. However, if the loan is usurious in the lenders state it may apply to you as well. Hire a lawyer to research it.

1 Answer | Asked in Banking, Consumer Law and Real Estate Law for North Carolina on

Q: I have been trying to do a short sale for over a year, after finally completed all of the process the mortgage company

Sold my loan, the new company is still affiliated with the old one, they stated that I have to start the process over, which will cause me to lose my buyer.

Bruce Alexander Minnick answered on May 6, 2019

This new trick is becoming all too common in the mortgage lending industry. Your best bet is to hire a good real estate lawyer and have them write a very strong letter to the original lender and the new lender warning both of them that you may take legal action against both lenders if necessary to... Read more »

1 Answer | Asked in Banking, Civil Litigation and Small Claims for North Carolina on

Q: Help with bank levy

I have an old debt with a landlord in Ohio from 2014. A judgement was issued in Ohio in2015. I completely forgot about, as I had zero communication with the debtor in the past 3 years. Now they got a bank levy and I have til May 1, 2019 to respond to a notice for a hearing or to claim why I... Read more »

Bruce Alexander Minnick answered on Apr 23, 2019

This would be an easy problem to solve if it did not involve two separate states. If the bank levy was filed in the state of North Carolina you should hire a NC lawyer to help you. If the action was filed in Ohio, you need an Ohio lawyer. Do not try to defend against this levy without a lawyer.

1 Answer | Asked in Banking for North Carolina on

Q: I need to sue Woodforest National Bank in Hendersonville North Carolina please contact me at americaninsen87@ail.com

Bruce Alexander Minnick answered on Apr 16, 2019

You will get a vetter response by looking for a lawyer using the Justia search engine on this site.

1 Answer | Asked in Criminal Law and Banking for North Carolina on

Q: Can an authorized user on a checking account go in and cash to the owners checks and make changes

The authorized user on my grandmother's account has been cashing her checks and not giving them to her and also making serious changes to the account without the account owner's presence is this legal

Bruce Alexander Minnick answered on Apr 5, 2019

There is a very common belief that there is a difference between an "authorized user" of a personal bank account and a "co-owner" of a personal bank account. While there are several different kinds of bank accounts, access to each type of bank account is either defined in the contract sometimes... Read more »

1 Answer | Asked in Banking, Business Law, Contracts and Collections for North Carolina on

Q: Can a business avoid paying a debt by giving assets to someone else? (Debt was a mortgage for an investment property).

My girlfriend owns her own business which is incorporated. She's the only employee and works out of our home. We live together. A few years ago, her tech business invested in a coastal property.

1- At the same time, my gf & her ex-husband jointly owned a different property. They'd kept the... Read more »

Paige Kurtz answered on Apr 23, 2018

It depends on the transaction and how it is structured. Generally you can't avoid debts by transferring property and assets to insiders, particularly for no payment. The creditor can file an action to avoid the transfer based on several factors. Thus, if you are tranferring assets, it has to be for... Read more »

1 Answer | Asked in Contracts, Banking and Military Law for North Carolina on

Q: Drive Time and SCRA

My wife purchased a vehicle from Drive Time before I entered the military (active duty) and her intrest rate is extremly high. 25% or so. Back then she had a job where she could afford it, but now om the only one with an imcome. I reclently found out about SCRA (service member civil relief act)... Read more »

Robert Donald Gifford II answered on Feb 4, 2018

You need to put it in writing. Here is some suggested language:

Dear Sir or Ma’am:

Pursuant to the Servicemembers’ Civil Relief Act (“SCRA”) 50 U.S.C. App. Section 527,

this letter is my formal written request to reduce the rate of interest to six percent (6.0%) for...
Read more »

2 Answers | Asked in Banking for North Carolina on

Q: Where can I find info on the Patriot Act and regulations re: deposits

Rachel Lea Hunter answered on May 3, 2013

You can start here:

http://en.wikipedia.org/wiki/Bank_Secrecy_Act

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2 Answers | Asked in Banking for North Carolina on

Q: Where can I find info on the Patriot Act and regulations re: deposits

Rachel Lea Hunter answered on May 3, 2013

You can start here:

http://en.wikipedia.org/wiki/Bank_Secrecy_Act

View More Answers

1 Answer | Asked in Banking for North Carolina on

Q: Personal Gurantees for Commercial loans, what can the bank go after?

Rachel Lea Hunter answered on Apr 2, 2013

If there is a personal guarantee of a business loan, if the business does not pay then the bank or lender can sue the guarantor. The lender, if it wins a judgment, can recover the same as in any other civil case against a debtor. NC law allows an individual person (not a corporation)to exempt... Read more »

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