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Virginia Banking Questions & Answers
2 Answers | Asked in Criminal Law, Banking, Civil Litigation and Federal Crimes for Virginia on
Q: Is it a crime to deposit/cash a check if it is to 2 named people, he signed the back twice and she didn’t sign

My sister and her husband are going through a bad divorce. He left two weeks before the birth of their last kid. She has the house. He filed taxes jointly, and the federal return came to the house. She held it and they came to an agreement on how to spend it. It was only in a text so nothing... Read more »

Kelly L. Vasta
Kelly L. Vasta answered on Mar 2, 2021

I would recommend taking the copies of checks you have along with these facts to your local magistrate or police department to discuss the options of pressing charges.

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1 Answer | Asked in Banking and Probate for Virginia on
Q: If a will says that 3 people are named executors. Is it illegal for one of them to close a bank account before probate?
Richard Sternberg
Richard Sternberg answered on Jan 14, 2021

The Will must be probated, and the court must appoint the personal representatives (executors/executrix in Virginia) before they have any power at all. If the bank account is not a probate asset. like an account in which a beneficiary is named or a joint account that was not created for the benefit... Read more »

1 Answer | Asked in Banking, Business Formation, Business Law and Securities Law for Virginia on
Q: Does a company need to register as a financial advisor if partners or members are only buying/selling securities?

Wanted to know because I'm looking to open a partnership or llc. No financial advice will be given to partners or members. One person would do all the transactions on behalf of company. This is for investment purposes.

Robert W. Pearce
Robert W. Pearce answered on Oct 8, 2020

If the transactions are by the Managing Member or General Partner for and only on behalf of the company in only its private securities account and the company is not in the business of just buying and selling securities as a Broker or Dealer then in my opinion no registration would be required.

1 Answer | Asked in Banking and Real Estate Law for Virginia on
Q: If my sister takes power of attorney, over my father health etc, does she has controlled over the real estate home in PR

He is hospitalize VA, she is his aid care taker. She wants POA because he is married.

Richard Sternberg
Richard Sternberg answered on Sep 20, 2020

This is not a DIY situation. You need a lawyer. But, the specific answer to your question is that a power of attorney expires when the principal (your father) dies. Sometimes, the attorney-in-fact (your sister) has the power to make financial transactions during your father's life using the... Read more »

4 Answers | Asked in Bankruptcy and Banking for Virginia on
Q: Can Chase repo vehicle if credit card defaults, and car loan is paid each month?

I live in VA and have a Chase credit card and a Chase vehicle loan. If I default on my credit card, but remain up to date with my vehicle loan, can they repo the vehicle?

Timothy Denison
Timothy Denison answered on Jun 22, 2020

Depends on whether there is a wraparound security interest in the car tied to the credit card.

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1 Answer | Asked in Banking, Civil Litigation and Small Claims for Virginia on
Q: A collection agency is trying to collect a debt from 11 years ago with Wachovia bank.Wachovia said it’s written off

I have phone recordings of both collections and bank. Wachovia says they stopped collections 2-3 years ago of statute of limitations.

F. Paul Maloof
F. Paul Maloof answered on Apr 23, 2020

If the origin of the debt was in Virginia and was connected to a written agreement, there is a 5 year statute of limitations that applies to the debt. The Statute of Limitations defense is an affirmative defense so it must be raised after a lawsuit is filed.

1 Answer | Asked in Banking, Business Law, Civil Litigation and Libel & Slander for Virginia on
Q: Nat. company’s website refers to a hired person’s “bio” & includes false claim of starting event that’s yours. Sue comp?

Their is the local branch that the person was hired but the person works all over the country with the large nat. company. It is still active on the website. I know they scrubbed social media for everything/ anything when he hired, but the liar wrote this bit and they missed it. Can I file a cease... Read more »

F. Paul Maloof
F. Paul Maloof answered on Feb 16, 2020

Many of the answers to your questions depend on the particular facts that are involved in your case. You should definitely confer with a lawyer and get a formal opinion.

1 Answer | Asked in Criminal Law, Banking and White Collar Crime for Virginia on
Q: What probable cause is needed to arrest a medical provider for credit card fraud? What about criteria for conviction?

Need guidance on arrest for credit card fraud that I did not commit. I have a clean record and work as a licensed therapist. I own a solo private practice in VA. Last week, I was unexpectedly arrested at home. I was handcuffed in my kitchen and escorted to the police car in the street (blocking... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 16, 2019

Great story, great defenses. Tell everything to a lawyer.

1 Answer | Asked in Banking for Virginia on
Q: Does Wells Fargo have a right to make a list of the contents of my deceased Uncles box when I have limited access

It took a lot of effort on my part to get them to agree to limited access - like I showed them the VA law. They are now claiming it is their bank policy to make a list of the contents. I think they can observe but privacy dictates that they can not see the contents.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 29, 2019

Now that you have "limited access" the bank has every right to take an inventory of the contents of your deceased uncle's safe deposit box--if for no other reason that to be able to defend itself if there ever is a claim filed against the bank.

1 Answer | Asked in Banking, Identity Theft and Small Claims for Virginia on
Q: dealing with USAA and identity theft & they continue to allow our account to be breached despite our daily calls. HELP

They’ve sent checks & debit cards to other addresses despite our contact with their fraud department. We haven’t even been reimbursed yet for our checking & savings being wiped clean. While we were on the phone Friday locking down the accounts we watched as someone transferred our... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 9, 2019

This sounds like some sort of an insider electronic hacking situation. If the amount of money is worth it, try hiring a lawyer to take up the job of fighting with the USAA bureaucracy instead of you having to do it. The first order of business would be to move all the money you still have at USAA... Read more »

1 Answer | Asked in Banking, International Law and Small Claims for Virginia on
Q: I ordered something worth $110 online through a website from someone in Austrailia and I'm living in the USA. How can.

How can I get my money back?

I ordered it with my debit card, and the seller has not responded it's been 2 months since I ordered they didn't respond to my emails.

Tim Akpinar
Tim Akpinar answered on Mar 20, 2019

Contact the bank or institution issuing the card to see if they have provisions for resolving or adjudicating disputes.

Tim Akpinar

1 Answer | Asked in Banking, Consumer Law, Contracts and Criminal Law for Virginia on
Q: Can a bank sue me for overdraft charges from November 2010? Received a phone call yesterday saying I will be served.

When I called back the man was not nice and said once papers are served on January 23, 2019 he can no longer help me. That today payment would be $415 (on a $100 overdraft fee) if I go to court payment would be $1245 with court fees. I googled the company EDR in Maryland but couyfind any... Read more »

Timothy R Johnson
Timothy R Johnson answered on Jan 22, 2019

They can sue you, but you will probably maintain a strong defense that the claim is past the statute of limitations, unless you acknowledged the debt on the phone call.

1 Answer | Asked in Banking, Civil Litigation and Consumer Law for Virginia on
Q: What are my options? My bank accessed an account that I am not listed on and processed my reguested transactions.

24 hours later, the police came to my house and arrested me. Ripped from my house, humiliated, hurt and Incarcerated for 5 days because a bank employee did not verify the proper authorized person or people listed on the account. Since I did not violate any laws but I was arrested and charged, can I... Read more »

F. Paul Maloof
F. Paul Maloof answered on Sep 23, 2018

This Is a criminal law matter which I do not handle. Sorry.

1 Answer | Asked in Banking, Civil Litigation and Collections for Virginia on
Q: I am issued a bad check for 40.000 what steps I need to take and which court I need to go
F. Paul Maloof
F. Paul Maloof answered on Aug 9, 2018

If you mean: $40,000 you should contact the FBI.

2 Answers | Asked in Banking, Civil Litigation, Consumer Law and Contracts for Virginia on
Q: Put down deposit on new car and opened a loan for the remaining balance. Loan doesn't exist according to bank (VA).

We purchased a used 2017 SUV for just under $18,000. We put a $4,000 deposit down and financed the roughly $14,000 remainder. We were pre-approved through Capital One's auto loan program. The dealership ran our pre-approval and finalized our loan. Our first payment is supposed to be due the... Read more »

F. Paul Maloof
F. Paul Maloof answered on Dec 20, 2017

You need to go back to the auto dealer and find out what is the cause of the problem. You can also file a complaint against the dealer with the Virginia DMV.

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2 Answers | Asked in Banking, Civil Litigation and Consumer Law for Virginia on
Q: My car was repossessed. My finance company will not allow me to pay the prior amount due to reinstate. How do I resolve?
F. Paul Maloof
F. Paul Maloof answered on Nov 27, 2017

You have a right to sue the finance company for breach of your contract and violating your rights. You can also call the office of the Attorney General for Virginia and file a complaint.

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2 Answers | Asked in Banking, Business Law, Consumer Law and International Law for Virginia on
Q: Is a "bank guarantee" necessary to sell a bar of gold in Ghana?

A lady wants to sell a bar of gold in country of Ghana.She is informed she needs a "bank guarantee" to sell them.She says she has to pay $4000 dollars to gain access to buyers of the gold. Is this valid or not?

Richard Sternberg
Richard Sternberg answered on Nov 20, 2017

She would be wise to consult a lawyer in Ghana before proceedings. May countries have at many times in history restricted the sale of gold, both to currency security and for fraud prevention. It is not at all unimaginable that Ghana retains such a legal structure. She might prefer to sell the gold... Read more »

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1 Answer | Asked in Consumer Law, Estate Planning, Family Law and Banking for Virginia on
Q: Question about a Will of a Deceased person and who the money goes to?

If the Will of a deceased person states that his wife gets everything, can the wife take the will to the bank and ask banker to give all the deceased persons money from his sole owner account?

Kenneth V Zichi
Kenneth V Zichi answered on Oct 26, 2017

She can ask, but no bank that I know of would allow such a procedure for anything other than a VERY small account (or one that has a beneficiary named). Probate of some sort is usually necessary in such circumstances.

Consult with a local probate attorney as there are often...
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1 Answer | Asked in Estate Planning, Banking, Collections and Probate for Virginia on
Q: If my mother named me as beneficiary on all her life insurance policies, is that money part of her estate re: debts due?

Firstly, we live in the state of Virginia and I appreciate anyone's professional time and counsel. My mother had numerous life insurance policies ranging from $1,000 to 10,000 and has me named as the sole beneficiary on all policies. She had no will and her house and land have been in mine... Read more »

Ben F Meek III
Ben F Meek III answered on Jan 15, 2017

The proceeds of the life insurance policies should pass to the beneficiaries outside of the probate estate. Likewise the jointly owned bank accounts, which should pass outside of probate to the surviving owners of the accounts. The credit card debt can reach assets of the Probate estate, which... Read more »

1 Answer | Asked in Banking for Virginia on
Q: Can i cash a old bounce check
Paul A. Prados
Paul A. Prados answered on Jan 26, 2011

You may cash the check, but you are likely to be hit with more returned check fees. Most banks will prohibit you form depositing a bounced check after a certain number of times.

It is generally better to ask for a new check from the party who did not pay.

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