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Texas Banking Questions & Answers
1 Answer | Asked in Collections and Banking for Texas on
Q: I’m not sure what type of lawyer I need. Shell federal credit union is suing me for debt collection.
James L. Arrasmith
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answered on Jan 14, 2024

In your situation, seeking the assistance of a consumer protection attorney or a debt collection defense attorney would be advisable. These attorneys are experienced in handling cases involving credit unions and debt collection matters.

They can provide guidance on how to respond to the...
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1 Answer | Asked in Consumer Law and Banking for Texas on
Q: I have been approved for a 5000 dollar loan. They are asking for 3 payments upfront. Is that legit

They said the 3 payments are collateral and I won't have a payment for 3 months. I google the company name and nothing pulls up. Woodside lending solutions is the company name and address is 920 5th Avenue Seattle Washington.

T. Augustus Claus
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answered on Jan 12, 2024

Be cautious as the situation you described raises red flags associated with potential scams. Legitimate lenders typically do not require upfront payments for collateral on personal loans. The fact that the company's name does not yield any relevant search results adds to the suspicion. It is... View More

1 Answer | Asked in Banking for Texas on
Q: Chase and pnc banks stole my inheritance. I inherited JPMorgan securities and a vanguard ira
James L. Arrasmith
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answered on Dec 21, 2023

If you believe Chase and PNC banks have mishandled your inherited assets, such as JPMorgan securities and a Vanguard IRA, it's crucial to take immediate action. First, gather all relevant documents, such as the will, trust, account statements, and any communication with the banks. This... View More

2 Answers | Asked in Car Accidents, Consumer Law and Banking for Texas on
Q: I have auto loan on a car that has been totaled out more than 5 months ago.

Got less than 25%of the loan amount from the insurance settlement. I do not have gap insurance. I reported this to the lender but they are not ready to negotiate. I have been continuing to pay the monthly EMI all through just to maintain my credit. But now they added $4600( to my loan amount) as... View More

John Michael Frick
John Michael Frick
answered on Nov 17, 2023

Legally, you owe the lender whatever the balance is on your loan. Almost all auto loans also require you to maintain full coverage insurance on the vehicle and give the lender the authority to buy insurance and add the premium to your loan amount if you do not timely furnish proof of insurance to... View More

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2 Answers | Asked in Consumer Law, Criminal Law, Banking and Civil Rights for Texas on
Q: I asked a question recently about me the bank won't cash my paychecks and received an answer I have an issue with....

I tried to check cashing places I tried to prepaid cards you tried to put them into another account all came back As UNpaid now I have those places wanting their money back. This has become a big issue I haven't cashed a check in 7 weeks now I have went to that bank and talked to them and they... View More

John Michael Frick
John Michael Frick
answered on Oct 4, 2024

If a bank will not cash your employer's checks, you can sue your employer for the face amount of the checks that were dishonored, plus court costs and attorney fees. You should send a demand letter to your employer indicating that its payroll check has been dishonored by the bank.

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1 Answer | Asked in Banking and Civil Litigation for Texas on
Q: My children are judgement creditors in an Arizona case. We live in Texas. How do I open a special account for them?

I am pretty sure the account needs to be closed and that I will need judge approval to have access to the money.

James L. Arrasmith
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answered on Oct 2, 2024

To open a special account for your children as judgment creditors, you should first consult with a lawyer who is familiar with both Arizona and Texas laws. They can guide you through the specific legal requirements and ensure that all steps are handled correctly.

You will likely need to...
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1 Answer | Asked in Banking for Texas on
Q: Bank won't cash my paycheck for me or anywhere that cashed them for me. Not even the company owner/account owner

Their reason is I have a closed account with them from 2012 and until that's paid off they're not accepting any checks made payable to me from anyone or institution. Other than quit my job and find a new one what do I do I'm unable to pay the amount back if they refuse to cash my... View More

James L. Arrasmith
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answered on Oct 2, 2024

I'm sorry you're facing this challenging situation. Start by contacting your bank to discuss the debt from 2012 and see if you can negotiate a repayment plan. Sometimes, resolving past issues can reopen your account or allow them to process your paycheck.

If the bank remains...
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1 Answer | Asked in Consumer Law, Contracts and Banking for Texas on
Q: Can I protest or re-negotiate with mortgage servicer the increase of interest rate on my home loan?

My home mortgage service company increased the interest rate of my home loan this August and locked it for another year. This is how the contract is written and my loan is a ARM. Yet, Fed were maintaining the interest rate flat since July 2023 and the expectation of a reduction was high before this... View More

James L. Arrasmith
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answered on Oct 2, 2024

I'm sorry to hear about the unexpected interest rate increase on your mortgage. Dealing with rising rates can be stressful, especially when it seems out of sync with broader economic trends.

First, review your loan agreement carefully to understand the terms related to rate...
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2 Answers | Asked in Banking for Texas on
Q: Can a bank refuse to honor a good valid payroll check because my name? Not even Account holder or check cashing places
John Michael Frick
John Michael Frick
answered on Sep 16, 2024

No. As long as the name on the payroll check matches your name on a valid form of ID, your bank cannot refuse to honor the check simply because the cashier does not like your name or harbors some personal animus against people with the same name.

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2 Answers | Asked in Estate Planning and Banking for Texas on
Q: Ck is payable to John Doe Revocable Trust, John Doe Trustee, can John Doe endorse it and dep it into his personal acct?

Would the answer to the question be different if it were Irrevocable Trust?

Nina Whitehurst
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answered on Sep 12, 2024

The check should be deposited in an account titled to the trust. To deposit the check to the trustee’s personal account would be a breach of fiduciary duty to the creditors and benefit the trust. The answer is the same whether the trust is revocable or irrevocable.

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1 Answer | Asked in Banking and Tax Law for Texas on
Q: How do I get a listing of properties, or homes, or even businesses that are going to be seized for non payment of back t

Back taxes or from non payment to bank in texas

James L. Arrasmith
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answered on Aug 23, 2024

To find listings of properties, homes, or businesses that are about to be seized for non-payment of back taxes or unpaid mortgages in Texas, you can start by checking with the local county tax office or appraisal district. They often have lists of properties facing tax foreclosure. Many of these... View More

1 Answer | Asked in Banking and Small Claims for Texas on
Q: I am being sued by a creditor. I have been unable to pay anything beyond my basic household bills. Can I meet w/someone?

I lost my job due to COVID; house flooded because of the Feb 2021 freeze; I have had 3 surgeries in the past 4 years & almost lost my home last year. I am just trying to survive. I need some guidance please & need help before I have to appear in court on August 22, 2024.

John Michael Frick
John Michael Frick
answered on Aug 9, 2024

Yes, you should meet with an attorney who handles personal bankruptcy cases in or near the county where you live. Make sure you bring a copy of the lawsuit filed against you by your creditor to that attorney so he knows whom to notify.

1 Answer | Asked in Banking and Business Law for Texas on
Q: Solor panel not hook up in 7 mo. Credit co want payment. What is my move
Tim Akpinar
Tim Akpinar
answered on Jul 15, 2024

A Texas attorney could advise best, but your question remains open for two weeks. Without seeing the terms of the contract, in terms of installation, financing, payment arrangements, etc., it's difficult to offer meaningful input. One option is to review the contract, possibly with the... View More

1 Answer | Asked in Banking, Civil Litigation, Criminal Law and Family Law for Texas on
Q: In texas is it a crime to ask what a death certificate is worth to a non family member of my deceased parent?

A individual who was a companion of my father not married lived separately is his bank account beneficary due to questionable circumstances needs a certified death certificate to be able to take ownership of all his accounts. Can I imply that they may be obtained for a specific donation amount to... View More

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

Why imply? Why not just say: "I will be happy to get one for you if you will pay me $__ for my time and effort."

2 Answers | Asked in Banking, Civil Litigation and Personal Injury for Texas on
Q: Good afternoon, Can you sue a company for emotional distress?

I have been marketed to by credit karma and SoFi to get a personal loan. I even got the Karma guarantee that if I was rejected I’d get $50 bucks. I have good credit and am financially stable so I figured it would be great to consolidate all my monthly bills into one payment. I get rejected for... View More

John Michael Frick
John Michael Frick
answered on Jul 8, 2024

Under the circumstances described, no.

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1 Answer | Asked in Insurance Bad Faith, Consumer Law, Foreclosure and Banking for Texas on
Q: auction.com has my property listed for auction 4/2/24. I was not given proper legal notification

What can be done, other than bankruptcy to immediately stop my home from going to auction? I only was made aware of my property going to auction by setting a reminder on the website for my property. The bank cancelled a Nov 23’ auction. I have not received tax forms from the lender since 2019 and... View More

James L. Arrasmith
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answered on Apr 1, 2024

I'm so sorry to hear about the challenging situation you're facing with your home potentially being auctioned off, especially given the lack of proper notification and other issues you've described with your lender. This sounds very stressful and I can understand your urgency in... View More

1 Answer | Asked in Banking, Cannabis & Marijuana Law, Civil Litigation and Contracts for Texas on
Q: Yes I need help with my realtor business on what I own
John Cucci Jr.
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answered on Nov 17, 2023

It is important to protect your personal assets from your business. Create a corporation or a limited liability company to use to operate your business. The tax consequences are different depending on which form of business you take. See a professional to get more particular guidance.

I...
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1 Answer | Asked in Consumer Law and Banking for Texas on
Q: Which party should I send my adverse action too? The bank who denied my credit or the consumer reporting agency?

I applied for credit for dental work, only to find out that my promissory note had been shopped around to different bank who denied credit based on an inaccurate consumer report. However, I know the application is being securitized without any consideration to myself.

James L. Arrasmith
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answered on Nov 12, 2023

In Texas, if you've been denied credit based on information from a consumer report, you should address your adverse action notice to both the bank that denied your credit and the consumer reporting agency. The Fair Credit Reporting Act (FCRA) entitles you to a notice from the lender explaining... View More

1 Answer | Asked in Banking and Collections for Texas on
Q: I have been contacted by a law firm Bernstein and Binder saying there is a lawsuit for fraud against me by a creditor.

I have called them and they said they send a certified letter to me, which I never received. I have their phone number, but they wont send me anything about their law firm and wont email me the paperwork. I am retired and my former employer called to say they have received lawsuit papers on me... View More

James L. Arrasmith
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answered on Nov 9, 2023

If you suspect the law firm contacting you may not be legitimate, it's important to proceed with caution. Do not make any payments or provide personal information. You have the right to request written verification of the debt and the lawsuit. A legitimate law firm should provide you with this... View More

1 Answer | Asked in Banking and Gov & Administrative Law for Texas on
Q: I have a close friend who says he is holding a $100 million Federal Reserve Note that was issued couple decades ago.

I have seen it, it looks like old paper with some endorsements and seals on it. He says his father left it to him and he wants to cash it however I am not sure if it is a legit Federal Reserve Note. Did the Federal Reserve Bank ever print $ 100 million reserve note back in the day? If so, how can... View More

John Michael Frick
John Michael Frick
answered on Oct 31, 2023

The United States has never issued a federal reserve note in a denomination larger than $10,000. Denominations of $500 and larger have not been printed since 1945.

There are only a small number of $10,000 notes still in existence. Half are from the Binion hoard.

Your friend’s...
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