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1 Answer | Asked in Banking and Civil Rights for Florida on
Q: the teller deposited my stimulus check without my autorization on purpose, when I said I wanted it to cash out

so I went to the bank in the drive thru then the teller deposited my stimulus check without my autorization on purpose, when I said I wanted it to cash out . she did it because apparently my account had a pending overdrawn for $259 and at that moment I didn't know, so I said I want my check to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 6, 2021

Sorry, your bank did nothing wrong here.

Your "right" to spend your money in the manner that you want to does NOT change the bank's right to grab any of your money flowing into the bank or into any of your accounts at the bank.

Explanation: It is called the...
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1 Answer | Asked in Banking and Legal Malpractice for Missouri on
Q: Can your wages be garnished without going to court?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Mar 30, 2021

Generally, no, but I'm not sure if you are seeking to collect money owed or if a private party or the government is garnishing your wages.

Ronald J. Eisenberg

Schultz & Associates LLP

640 Cepi Drive, Suite A

Chesterfield, MO 63005

Direct: (636) 733-6647

1 Answer | Asked in Consumer Law, Criminal Law, Banking and International Law for New Jersey on
Q: I would like to sue Binance for stealing from me, and am in need of legal assistance

Binance has over 300k in stolen assets, and refuses to return it or cooperate with investigation, and also locked my account.

Hassan Hussein Elkhalil
Hassan Hussein Elkhalil answered on Mar 30, 2021

File a police report for the stolen assets.

1 Answer | Asked in Real Estate Law, Banking and Probate for Florida on
Q: siblings and I are being sewed by the bank holds the mtg on mother's house who is deceased

If I'm listed as deceased on the doc does the doc have to be refiled with the court?

Barry W. Kaufman
Barry W. Kaufman answered on Mar 28, 2021

You are being sued in foreclosure because your mother, who is deceased, had a mortgage with the lender at the time of her death. You should answer the foreclosure complaint and deny the allegation that you are deceased. The plaintiff can decide whether to amend its complaint. If you were not a... Read more »

1 Answer | Asked in Banking and Collections for Oregon on
Q: Can a collection agency collect a medical debt from 2006 in oregon?

Oregon? My Bank account was completely drained.

Gregory L Abbott
Gregory L Abbott answered on Mar 26, 2021

The question is not when the debt dates from but rather when they obtained a court Judgment against you for that debt. Judgments in Oregon are good for 10 years and may be renewed once for another 10 years from the renewal date. IF there is still a valid Judgment in Oregon, then the creditor is... Read more »

1 Answer | Asked in Banking for Kansas on
Q: My son is incarnated and yesterday he got his stimulus check in the mail, now I have power of attorney over him and all

His assets including property. So how can I get his check cashed? I have a saving account and so does his wife but the bank says they can't cash it.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 26, 2021

No bank will cash a government check that is not signed by the intended recipient. Either get your son to sign it over to you or keep it until he gets out of jail.

1 Answer | Asked in Criminal Law, Divorce, Banking and Identity Theft for Connecticut on
Q: Is it illegal for someone in a divorce to take money from spouses personal checking account?

Wife pays all household bills. His entire check went into a savings account for the family. He spent all of it on cocaine (35k+). He is using her checking account information to pay his personal credit card and cell phone bills etc. She has emailed and texted him explicitly saying that he... Read more »

Joseph Maya
Joseph Maya answered on Mar 26, 2021

I am sorry to hear about this situation. To fully address the legal questions regarding the wife's bank account, you will probably need to hire a lawyer licensed to practice in Connecticut. I wish you the best of luck in the resolution of the situation.

1 Answer | Asked in Bankruptcy, Banking, Collections and Gov & Administrative Law for Nevada on
Q: I'm filing for bankruptcy own my house my niece is living in it while I live with my mother. Can they seize my house?

I live in my mother's house to take care of her, so I let my niece live in my house.

Timothy Denison
Timothy Denison answered on Mar 25, 2021

These questions need to be answered by your bankruptcy attorney after he has reviewed your finances.

1 Answer | Asked in Banking for Washington on
Q: How can I claim a cashiers check that was lost? Sent to Ohio w/o my knowledge.I have a photo copy of the check/receipt.

I sent to Ohio all documents/check needed as proof of my ownership unfortunately they said there’s no check upon receipt. After 4 months of them receiving the application.

purchased the check from my bank JP Morgan Chase.

Please help me.

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Mar 24, 2021

The facts are not too clear as you say that a check was sent to Ohio without your knowledge. Were you the purchaser of the check or was it made payable to you? Was the recipient in Ohio the payee on the check? You also state that you sent the documents/check to Ohio... where you in possession of... Read more »

1 Answer | Asked in Banking for California on
Q: Bank deposits money in my bank account by mistake then overdrafts the account I deposit cash 2fixit I want it back cani

900 deposits. By bank. The overdraft after then I pay 500 own money to fix balance . Still negative balance but I rather get the money I recently deposited to fix it. Back. And go to collections can I get those deposits back?

Maurice Mandel II
Maurice Mandel II answered on Mar 18, 2021

If the bank causes errors, it may be responsible to fix them, but not if you know the balance was wrong and overdrew it. You probably get all charges against you waived. The problem with you case is that it will cost more for an attorney, than the case is worth. Small claims?

Justia...
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2 Answers | Asked in Consumer Law, Banking and Social Security for Texas on
Q: Caught in a fraud scam my checking is overdrawn thousands. Can my bank take my social security in savings to pay that?

Both pension and social security go to savings but checking is overdrawn. Can they take that to pay off what is owed in checking?

Teri A. Walter
Teri A. Walter answered on Mar 18, 2021

Probably, yes. The bank's account agreement probably gives them the right to offset what's due on one account with what's in another, even if the funds deposited there were exempt before they we deposited. You may want to contact them and work out some payout arrangement on the... Read more »

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1 Answer | Asked in Banking for Michigan on
Q: Hi, I'm trying to help a friend who needs legal advice regarding student loans.

She is a single mother who works and gets paid twice a month. She has student loans and just recently they are going into her bank account every time she gets paid and taking 100% of her income leaving her with no money to pay for anything. Which means she will be homeless in no time

Brent T. Geers
Brent T. Geers answered on Mar 17, 2021

I take it she is in default with those student loans, and they are now garnishing her bank account to satisfy the judgment. She probably needs to talk with a collections or bankruptcy attorney quickly and, if possible, stop her paycheck from going into that account. Once the bank receives a... Read more »

2 Answers | Asked in Banking, Civil Rights, Probate and Small Claims for California on
Q: If I transfer money into my boyfriends bank account, and then use that money, is it considered a gift from him in court?

The amount was $300 and I used it the same day I transferred it. I bought myself something with that money and now he is trying to say the item is his since the money (did not originally) came out of his bank account.

Louis George Fazzi
Louis George Fazzi answered on Mar 10, 2021

The answer is "it depends." Much more information is needed.

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1 Answer | Asked in Banking, Business Formation, Business Law and Collections for Nevada on
Q: Is there a lawyer that can assist with a pay day loan / hard money loan startup?

Need help obtaining a 604a license and any other items needed for the startup

Tim Akpinar
Tim Akpinar answered on Mar 4, 2021

A Nevada attorney could assist best, but your question remains open for a month. Given the Q & A format of this board, it could be difficult for a law firm to come forth and offer their services like in an attorney referral site. At this point, you could reach out to attorneys. There's a... Read more »

2 Answers | Asked in Estate Planning, Banking and Probate for Ohio on
Q: my mother passed away with no will or anything. I am her only child, she did not remarry.

She passed away suddenly and I have the paperwork printed out, but need to know the easiest route to close her bank account, and switch the title to her truck into my name.

Beverly A Stull
Beverly A Stull answered on Mar 3, 2021

I am sorry for your loss. If your mother's name was the only one on the bank account and the truck, you will need to open a probate estate. There are 3 different sizes of estates, based on the value of the probate assets. You should check the website of the probate court of the county where... Read more »

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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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3 Answers | Asked in Bankruptcy, Small Claims and Banking for Tennessee on
Q: what happens if i don’t pay off my collection/charge off debt?

there’s 3 different charges, one going back 3 years. i heard that they go away after “7 years off being on your credit report.”

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 27, 2021

Broad question- "what happens to whom?"

A financial institution's "charge-off" is an internal accounting and regulatory function; a charge-off by your lender in no way affects or reduces your legal obligation to repay the debt.

The length of time an...
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1 Answer | Asked in Contracts and Banking for California on
Q: A sellers right to cancel within 10 days, what happens after if they want to cancel due to financing

I traded my vehicle to a dealership on 2/15/21 and I received a call from them yesterday 2/25/21 asking me if I could put more money down or get a co-signer. What happens if they call me today saying they could get financing since it is no longer within the 10 days?

Yelena Gurevich
Yelena Gurevich answered on Feb 26, 2021

Since they called you on 2.25.21 asking for more money, you will have a hard time proving they did not "cancel" within 10 days since 2.25 was day 10. At this stage, the dealer can ask for the car back and give you back anything you paid/ traded in, or the dealer can choose to become the... Read more »

1 Answer | Asked in Banking, Civil Litigation and Small Claims for Georgia on
Q: Can you get prosecuted if someone ask you to route their money to your account and you keep it?

My boyfriend was incarcerated and wanted me to bail him out. So he gave me his account info to route to my account. His grandfather actually got him out the day before the money posted and he immediately went and used heroin. Which he promised he wouldn't. So now the money has cleared and is... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Feb 25, 2021

The phrase "If it walks like a duck; it's a duck." certainly applies here. If you truly believed it is okay to keep the money entrusted to you for another purpose, you would not be online asking your question. Of course it doesn't belong to you. What would justify you keeping the money?

3 Answers | Asked in Banking, Business Formation, Business Law and Gov & Administrative Law for California on
Q: Regarding EIDL loan

I receive an email today from SBA.gov and they asked me for the following information.

Why would they ask me for this information now when I already got approved?

They are also asking me "A statement that the LLC held a meeting and specify the date" I don't hold... Read more »

Shawn R. Jackson Esq.
Shawn R. Jackson Esq. answered on Feb 19, 2021

The short answer is that to qualify for the EIDL money, you would need to have had a meeting to authorize the LLC taking on that financial responsibility.

I would recommend that we schedule a free initial consultation to discuss additional requisite facts … and how to best move forward.

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