Bank manager withdrew funds from my account without my authority can I sue her and the bank I deposited a large cashiers check payable to myself into my account this morning. I tried to buy eyeglasses but I only had $100.00 available in my account. I called the bank and the Mgr clms there’s a 24 hour hold, yet the rep failed to disclose that at the time of deposit. I told her I need a minimum of $1000.00 available for this whole Corona virus emergency, she flat out refused so I said ok I’ll be by later to close out all my accounts if that’s the case. 3 hrs later she calls to ask me where I am as she’s been waiting for me and that she took the liberty of canceling my deposit and withdrawing my funds out of my account. Is this even legal, who gave her authority to access my account? What legal recourse do I have? I have disabilities can I go to the ADA
So, in short, the bank did what you asked them to do (close your account). What do you think they did that might be unlawful?
How to Best Help I suggest you ask around at the courthouse. You might need to get advanced permission from the judge. Every courthouse is setup a bit differently so it's hard to say exactly whom you will need to ask. But ultimately that will probably require the judge's advanced approval. Order of Child Support You used the term violation so I will assume the mother has in her possession a copy of the Order of Child Support (OCS) resulting from the divorce or paternity case that determined the amount and timing of support payments she is entitled to. Correct? Aside: If the mother doesn't already have an OCS it's pretty simple to get one. Most states just have a standard set of forms and a formula to apply. There is very little subjectivity involved. Unless one or more of the parties has unreported or variable income. And she can also collect back child support too. Back Child Support AFAIK you are not barred by statute for seeking back support as far back as when dad's obligation began. Which AFAIK is when mom became the primary caregiver. In practical terms, this would be the first day mom had the kids living with her and dad didn't live with them. Interest on Unpaid Child Support Most states allow mom to collect interest on (ordered but) unpaid child support at a rate set by statute. In some states the interest rate is in the 9 to 12% range. You need to compute it using a spreadsheet. You go back to each ordered monthly obligation, calculate the number of months from then until the current date, then multiply that number times the obligation amount times 1/12 of the interest rate. Then add all those months together to get the total. Like I said, a spreadsheet is the easiest way to do this calculation. Motion for Contempt of Court Assuming you have acquired an OCS, enforcement is also pretty straightforward. In some states, the mechanism to force the father to pay is called a Motion for Contempt of Court for violating the OCS. Again, it's so common, unfortunately, most courthouses support pro se litigants by having all the necessary forms on hand and volunteers to help people fill them out! When mom files the contempt motion with the court she will schedule a date for a Show Cause Hearing, at which time dad will need to appear and explain why he should not either pay up or be found in contempt of court. Courts enforce child support VERY strictly. So the paperwork alone should be enough for her to win her case. Unlicensed Practice of Law As for you &quot;helping her&quot; in court. Be very careful. That sounds dangerously like practicing law without a law license. There is a thing called a &quot;bar&quot; in the courtroom that only attorneys or clients are allowed to cross (by practice and tradition). That's where the term bar exam originated. Anyway, if you want to try that, be very careful and you might want to run that by the judge or clerk and get prior approval first because the unlicensed practice of law has the potential to be a sticky wicket. Use of an Interpreter I would be shocked if the court did not make allowances for non-native English speakers to use the services of an interpreter in the courtroom. That's something you definitely need to ask around at the courthouse for all the details. And whether the interpreter needs to be licensed, registered or otherwise approved by the court in advance. Process Service One last point. Make sure to properly process serve dad with the motion and paperwork. Process service is what will bind him to appear at the show cause hearing. You should be able to find forms, instructions and a professional process server by asking around down at the courthouse. Dad will have a chance to respond in writing to the motion prior to the hearing. And mom will have a chance to respond to his response. Ask around at the courthouse how all this works. Especially the deadlines involved. These are also strictly enforced. State Registry Enforcement Assistance One last, last point. In the future, it might help if the OCS made a provision for the father to pay directly to the state registry for child support enforcement. The will keep track of all the payments and can provide enforcement assistance like levying bank accounts and garnishing wages, etc. So that could help with future enforcement. Disclaimer I am not a lawyer. I am not your lawyer and you nor the mom are my client. This is not legal advice. So please don't do anything based on what I write here; if you do, please be aware you do so at your own risk. So seek the advice of a real lawyer if you are going to actually do anything that might create an issue.
Given a large database of email addresses that you can't prove have given consent to receive email, the only legal thing to do with it, is to (securely) delete it. (I am going to switch your question about a larger company to a bank: in the UK, big pharma is forbidden from advertising to individuals.) In principle the rules are the same for a huge bank and everything down to a self-employed plumber. In practice the plumber will be told "don't do that again" rather than fined. This case was treated under the Data Protection Act, which has a maximum fine of £500,000&nbsp;&ndash; so a big bank would probably have been fined more, but not necessarily much more. Under GDPR, fines are related to turnover, so the fine would be a lot bigger for a large bank. The incident is a year old now. Details here.
What you have heard is not exactly correct (and also depends, in part, on the Chapter under which the bankruptcy is filed). I will address the simplest case, a Chapter 7 liquidation of an individual, which is simpler, because a Chapter 7 liquidation is determined as of a point of time, while Chapter 11 and Chapter 13 reorganizations are conceptually more complex and don't just transfer rights to a trustee at a single point in time. When you file a Chapter 7, all of your property, including you rights to sue people that had accrued as of that date, are transferred to the bankruptcy trustee as an asset of the bankruptcy estate, and the right of anyone to sue you is stayed automatically until the bankruptcy court either authorizes the lawsuit, or discharges the debt associated with the lawsuit (there are actually a few cases where the automatic stay expires on its own after a certain amount of time). Rights to bring lawsuits that arise after the bankruptcy is filed, or can be brought at any time, like a divorce/custody suit, are not barred, although property and enforcement of economic rights in those cases may be stayed until the bankruptcy court takes action. Custody issues other than child support, and termination of marital status are not affected. For example, if you file for bankruptcy on Monday and are hit by a bus on Friday, your personal injury suit claim is probably yours and not the bankruptcy estate's and can be brought by you. But, if you are hit by a bus on Monday and then file for bankruptcy on Friday, your personal injury suit claim is probably property of the bankruptcy estate. (It is a bit more complicated than this, because your right to sue for a personal injury might be exempt property, at least in part, but this example conveys the gist of the concept.) There is a further complication in the analysis which is that domestic relations actions and probate court actions are normally considered to be outside of the jurisdiction of the federal courts (bankruptcy court is a federal court), even when there is diversity of citizenship, which doesn't change the basic conclusions above.
In theory, a store can ban you or anyone else for any reason except those protected by law against discrimination. As a practical matter, you potentially have various forms of recourse. The first thing to do is to write the the CEO of the chain, with a long detailed letter describing the incidents, and naming names. Most CEO's don't want to deal with this kind of bad publicity, and will at least order an investigation, and make amends, if the internal investigation is in your favor. This would apply even to the late Sam Walton, if the chain is WalMart, or whoever the current CEO is. If you are a member of a protected minority, or even have dark skin, you can sue the chain on those grounds. There will be a presumption that they barred you on grounds of race or color. Then the burden of proof will be on them to show that they didn't bar you for those causes. As a form of "entrapment," you should take a witness, basically the most influential person you can get hold of that's not a family member, to the store with you to ask them why you were barred. The mayor of your town would be ideal, more llkely it would be a boss, teacher, or clergyman, but in any event, someone who knows you well. If you can get them to accuse you of stealing in front of this third party, you have the makings of a defamation case. And even if you aren't a minority, you can sue them anyway. You can demand "discovery" of all internal documents, videos, etc. relating to your case. Your lawyer will also the right to "depose" (cross examine) all offending managers.There's a good chance that something embarrassing will turn up in the process. (Many defendants settle in connection with discovery.) You might want to hire a second (libel) lawyer to teach you how to publicize the case without running into libel laws. If all this fails, the store can probably bar you, but you want to make it prohibitively expensive for them to do so, meaning that most rational people wouldn't bar you after the above. If they do, they're not rational and you're better off not using the store.
I assume that the loan was legal, in light of rule changes pertaining to non-borrowing spouses. If so, there is really no recourse other than to repay the loan. This article explains the current options / restrictions in an understandable manner, but of course it is too late to do anything about it. If there was actually fraud or coercion in the loan, or if the elder party was mentally incompetent, there might be some legal recourse, but we don't have any evidence of fraud, coercion or incompetence here.
Sounds a lot like a bad-luck, move-on situation. I can't imagine any reason why the complex would have any duty to watch your bike for you or otherwise ensure that no one steals it. The fact that you bought it knowing that the bike shed had not yet been built and that the security gates were broken would probably count against you. If you know who stole your bike, you'd have a much better case against them, but it doesn't sound like that's the case. If you're looking for a typical contingency-fee arrangement, in which the attorney takes a fee from your winnings, I'd imagine you're going to be especially out of luck, based on two hard facts: The total damages you can collect is probably going to be equal to the price of your bicycle: £400. The average hourly rate at national firms for the most junior lawyer is already more than £200. If you sat down with such a lawyer, explained your situation, discussed your options, and then tasked the lawyer to write a threatening letter to the apartment complex, you'd already have incurred more fees than the value of the bicycle. Probably no attorney is interested in that arrangement -- especially since it's highly unlikely the complex would pay. So unless you're actually willing to pay hourly rates, I can't imagine any lawyer taking this case. Even if you were, no one may take it just because lawyers don't like taking cases that they're going to lose.
If you are going to sue, and can prove they overcharged - consider going to the small claims court. It should cost you $15 + time - unless you loose quite badly - in which case its conceivable the court could award costs against you (I don't know if this is true of the small claims court in NY). You can represent yourself, so no heavy legal bills. It will take a a few hours of your time to prepare and have the hearing. Of-course, very often, just by filing you will get the opposing party to sort out the issue - and probably won't even need to go to court.