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2 Answers | Asked in Consumer Law, Banking and Identity Theft for Texas on
Q: I'm concerned I might have some identification theft issues, Can you help with that?

I have made several scientific breakthroughs and provided them publicly and have had many security questions and issues related to it. I could use some legal guidance. Perhaps you could help?

Sheldon Starke
Sheldon Starke
answered on Jan 16, 2024

Privacy laws are generally determined on a state-by-state basis. However there are a number of federal laws involved in the subject matter. You also need those of us who are experienced in government because it is not clear exactly what the nature of your discoveries are or who they involve. There... View More

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2 Answers | Asked in Consumer Law, Banking and Identity Theft for Texas on
Q: I'm concerned I might have some identification theft issues, Can you help with that?

I have made several scientific breakthroughs and provided them publicly and have had many security questions and issues related to it. I could use some legal guidance. Perhaps you could help?

James L. Arrasmith
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answered on Jan 17, 2024

If you're concerned about identity theft, especially in the context of publicizing scientific breakthroughs, taking proactive steps is essential. First, monitor your financial accounts and credit reports regularly for any unauthorized activities. You can obtain free credit reports from major... View More

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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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1 Answer | Asked in Consumer Law, Contracts and Banking for Texas on
Q: Is it legal for Velocity Credit Union to extend my car loan and charge daily compound interest without prior agreement?

I signed a contract in June 2015 for a car loan with Velocity Credit Union located in Austin, TX, agreeing to a 73-month term at a 15.5% APR. The total price was $36,500. Due to missed insurance payments, my cost increased by $7,000. I have since paid $70,000, but I'm being told I still owe... View More

James L. Arrasmith
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answered on Mar 24, 2025

Under federal law, specifically the Truth in Lending Act (TILA), lenders must provide clear disclosures of loan terms before you sign a contract, including the interest calculation method and total cost of borrowing. These disclosures must include the interest rate, APR, finance charges, and total... View More

1 Answer | Asked in Banking, Business Law and Insurance Defense for Texas on
Q: Does selling insurance to SC client create business nexus?

As a licensed insurance agent in Texas, I was contacted by a client in South Carolina to obtain a liability insurance policy, and I have initiated this transaction. Does this constitute "transacting business" for the purposes of nexus in South Carolina, and are there any legal... View More

James L. Arrasmith
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answered on Mar 24, 2025

Selling insurance to a South Carolina client from Texas likely creates a business nexus in South Carolina, as insurance transactions are heavily regulated at the state level. When you sell an insurance policy to a client in another state, you typically become subject to that state's regulatory... View More

1 Answer | Asked in Banking, Military Law and Gov & Administrative Law for Texas on
Q: Bank refuses to recognize my POA for son's POD account issues in Texas.

I am the power of attorney for my son, who is in the military. My father, his grandfather, named him as the Payable on Death (POD) beneficiary for an account at a bank where I also have an account. The bank is refusing to allow me to act on my son's behalf, stating that he doesn't have an... View More

James L. Arrasmith
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answered on Mar 23, 2025

The bank is likely refusing your request because a POD (Payable on Death) beneficiary designation doesn't give your son any rights to the account until after your father passes away. Until that time, your son isn't considered an account holder, regardless of your valid power of attorney.... View More

2 Answers | Asked in Banking, Civil Litigation, Civil Rights and Probate for Texas on
Q: Can beneficiaries of an irrevocable trust sue trustees?

My brother and I were conned into MOUs years ago which a civil litigator claimed it was a Financial power of attorney. Our trust instrument designates us as beneficiaries but our parents significant other(non married) has committed tortious inference as well. Misappropriated from the trust. I have... View More

John Michael Frick
John Michael Frick
answered on Feb 6, 2025

Yes, the beneficiaries of a trust can sue the trustees. A common cause of action in such cases is breach of fiduciary duty.

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2 Answers | Asked in Tax Law, Banking and Business Law for Texas on
Q: I had to reinstate my company after tax office failed to pay franchise taxes. Do I have to get a new bank account?

I had to reinstate my company after tax office failed to pay franchise taxes. The tax office paid all the fees and reinstated the company. It looks like I received a new taxpayer id number. Does this mean I have to get a new bank account? Do I have to do anything different now that I reinstated the... View More

John Michael Frick
John Michael Frick
answered on Jan 2, 2025

First, there was no reason your company needed to get a new taxpayer ID number. Second, there is no reason it should need to get a new bank account with the caveat that you need to ascertain why a new taxpayer ID number was obtained. Presumably, your bank is using your company's original... 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

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