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Questions tagged [law]

For legal questions relating to personal finance. Note that Stack Exchange does *not* provide legal advice; for questions with potentially serious legal ramifications, consult a lawyer specializing in the law in question.

86
votes
10answers
25k views

I am an EU resident being contacted about stock I own in a defunct company by a supposedly US based lawyer, is this a scam?

I am based in the EU, so I have very little knowledge of how the US legal system works. I have been contacted by a "law firm" in the US about a financial issue: a company in which I own a small ...
45
votes
12answers
21k views

Is it legal if I'm managing my family's entire wealth?

My family (father, mother, and brother) have allowed me to invest their money in the stock market and other types of investments (real estate, bonds and mutual funds). Is it legally okay to do all ...
42
votes
6answers
14k views

Can a CEO short his own company?

I'm just curious, it seems a CEO could make a lot of money by shorting a huge amount of shares on his company through a third party and then purposefully tanking the company before being fired. Surely ...
42
votes
4answers
25k views

It is legal for a retailer/store or other business to refuse $50 & $100 bills or other legal tender, e.g. pennies?

I'm trying to find out about businesses refusing $50 & $100 bills. Aren't they required by law to accept all legal tender? I had one person say it could be that it's not all legal (i.e. a ...
33
votes
7answers
12k views

Selling a property - multiple offers of same value?

In the U.S., when selling a residential property, is there a rule or law regarding how to handle multiple offers of the exact same monetary amount? Is this the kind of thing that would vary state-by-...
33
votes
4answers
21k views

After hitting 80% LTV, my mortgage lender refuses to remove PMI. Any recourse?

I recently refinanced my home. At the time based on the appraisal vs. amortization I found I would be stuck with PMI (private mortgage insurance) for about 9 months. I've paid extra on the mortgage ...
30
votes
7answers
11k views

Someone stated that my uncle died in Canada and there is money for me [duplicate]

Someone contacted me and said that someone with a similar last name died and left me a large amount of money. He gave me information and forms from a bank, and other pertinent information. I then ...
29
votes
5answers
77k views

Why is there a limit of 6 ACH transfers out of savings accounts (per month)?

I recently discovered this limit the hard way, after being charged a fee for each transfer over the limit. With online banking becoming so prevalent, this is a huge inconvenience as it prevents people ...
21
votes
9answers
5k views

Is this investment opportunity problematic?

I recently got an email from a close friend of mine, that goes something like this: We're looking to sell our rental house and buy a new one. We found one we like, but the housing market is very ...
21
votes
5answers
5k views

Does a direct deposit arrangement also enable direct withdrawals?

Suppose, for example, an employer in the United States deposits employees' paychecks directly into their bank accounts. If they determine (whether correctly or incorrectly) that a former employee was ...
16
votes
1answer
11k views

What US law requires a bank to reopen a closed account if a third party sends money to it?

I used to have an account with a local credit union. I moved, then closed the account. The credit union mailed me a check for my remaining balance and confirmed the account was closed. This was 14 ...
12
votes
1answer
1k views

Can a gift be re-gifted before a Chapter 7 Bankruptcy?

About a month or so ago, I gave a family member $10k to purchase a car, because he needed a reliable car for his two hour commute. He's going through some financial trouble, and is now looking to ...
11
votes
4answers
1k views

Did my salesman damage my credit? What can I do?

I am in the process of purchasing a new truck. A few months ago I put a $500 security deposit down on a truck. I was told that the truck was at a neighboring dealership and that it would take 2-5 days ...
10
votes
4answers
2k views

Will says “divide estate equally”. Life insurance has one named beneficiary. Can proceeds be made estate property?

If a parent dies and leaves a will that divides the estate equally, but also leaves a life insurance plan that names only one child as a beneficiary, can the other siblings force the life insurance ...
10
votes
4answers
1k views

What considerations are there for making investments on behalf of a friend?

I've thought of two approaches so far: Pool their money into my own brokerage account and simply split the gains/losses proportional to the amount of money that we've each contributed to the account. ...
10
votes
3answers
13k views

If a house is in foreclosure what does the bank own vs what the former owner owns

So we were having a discussion about what we would all do if we were unfortunate enough to have our homes go into foreclosure. I asserted that all the appliances and even window blinds would still be ...
9
votes
3answers
7k views

Is person-person lending/borrowing protected by law?

Suppose that individual A lends his money to individual B. In order for A to be protected, what does he need to do? Is his lending protected by law? (I would prefer to hear the general case, but if ...
9
votes
3answers
10k views

Is there a rule that a merchant must identify themself when making a charge

Recently I sent several credit card payments online. The company that charged my card is a multi-billion dollar company, so not just a small start-up. However on the statements the charges appeared as ...
9
votes
3answers
5k views

Can I charge interest on money that I have lent out, even though I am not a financial institution?

On the news a couple of years ago, in BC, they said that if you are NOT an financial institution, it was illegal to charge interest on any money that you have lent out. Now I live in Alberta. And ...
9
votes
3answers
1k views

How to recover years of monthly payments to a scam website? (UK)

Not sure if this is the best place to ask the question. It's kind of related to finances. I somehow got tangled into a scam (in my opinion) called completesavings.co.uk I found out that somehow 3 ...
9
votes
2answers
2k views

How secure is my 403(b)? Can its assets be “raided”?

I work at a state university and contribute to my 403(b) retirement account on a twice-monthly basis, maxing out the matching funds. I also contribute a smaller amount to another account, after ...
9
votes
2answers
1k views

How should I move out of my own house?

About a year ago, my mom and I purchased a house. It was something she really wanted and I was pretty much guilt tripped into moving in. After moving into the home and seeing our relationship go ...
9
votes
3answers
557 views

Help: Being charged interest on a loan for which I received no statements telling me of this debt for the past 15 years. Surprise!

Is this legal? This was a private loan within a small business. I was under the assumption that the bill was paid in full 15 years ago. My only drawback is that I never got them to sign to verify the ...
8
votes
3answers
2k views

If the beneficiary of a Will is implicated or convicted of the deceased murder, does the Will still stand?

Honestly, I don't consider this to be a valid concern to my own financial planning, but having had the thought, I just wondered whether there are automatic provisions in law to nullify or remove ...
8
votes
1answer
26k views

How do I sell a home that's owned jointly if my partner doesn't want to sell? [closed]

I own a home jointly with a partner. I have made all the payments, taxes and insurance since the beginning. I have a buyer for the home but my partner does not want to sell. How can I override his ...
8
votes
2answers
2k views

Legal documents required for managing an investment portfolio among friends?

I am considering setting up a personal kind of hedge fund / stock portfolio among friends. I am trying to figure out what kind of a legal agreement I should have them sign for investing with me to ...
8
votes
2answers
486 views

Is it still insider trading if no benefit was exchanged or received from the information?

Note - I have seen the other questions but they are still vague and explanations parsimonious. Is it still considered insider trading if no benefit was exchanged or received from the information? ...
8
votes
1answer
2k views

Withdrawing large sums of money

In the USA, if I were to have an account balance of six hundred thousand dollars which I would like to withdraw in cash, is there any federal obligation for the bank to hand the money out in a certain ...
7
votes
3answers
4k views

Is it illegal for a student loan servicer to lower the minimum monthly payment after overpayments?

I've been aggressively overpaying my student loans, which has led to them lowering my minimum monthly payments. The servicer and lender can presumably argue that they are doing me a favour, but my ...
7
votes
2answers
2k views

Arguments on the “unconstitutionality” of income tax: What acts, etc. of Congress require payment of income tax?

I've heard that while the 16th Amendment gave the U.S. Congress the authority to enact laws for the application of an income tax on US citizens, but I've also heard that there is currently no law on ...
7
votes
2answers
21k views

I am under 18 years old, in the US, my parents have terrible credit, how can I take out a loan?

I am under 18, currently shopping for a car. Like many people, I don't have enough money sitting in my bank account to purchase a good car, around $6,000 to $10,000. However, credit checks have ...
7
votes
2answers
293 views

Why is there an income restriction on contributing to a Roth IRA?

Currently, single adults making more than $112,000 ($178,00 for couples) per year cannot use Roth IRAs I was just wondering what the reasoning behind the income restriction was for the Roth IRA ...
7
votes
4answers
1k views

What forms of payment am I compelled to accept?

In relation to this question about maximum amounts a check can be written for If I sell something like a car or other expensive item on Craig's List or in the local paper classifieds, am I compelled ...
7
votes
2answers
5k views

What if only one of two tenants signs a lease?

The title is a little misleading. Lease agreements tend to have multiple forms that need to be signed. In my case there was the actual lease agreement (with checkmarks next to many things that needed ...
6
votes
4answers
303 views

Is it illegal to buy derivatives on your own assets?

Is it illegal to buy derivatives on your own assets? Such as student loans you owe, or your own mortgage?
6
votes
4answers
655 views

Is it legal to hire people to generate traffic on a website?

Why do websites need to do that? It's all written in the title. Thanks in advance for any information on this.
6
votes
1answer
860 views

Family/divorce lawyer wants large retainer before taking on case. Is this normal?

My friend needs to get a separation agreement and divorce. The law firm she called asked for a retainer of several thousands of dollars up front before doing any work. Is a large retainer normal for ...
6
votes
2answers
2k views

Will I need to worry about “structuring” with wire transfers?

I am moving a large (for me) amount of money from a US bank account to a Danish one. Both are in my name. In order to even out the risk of transient exchange-rate spikes I'm planning to do it as a ...
6
votes
1answer
2k views

Funds in closed bank account have gone to the government

My son was advised by his accountant to close his limited company and start a partnership instead. He did this but he was not told that he needed to clear the company bank account - he left this open ...
6
votes
3answers
4k views

An ecommerce retailer forgot to charge my credit card, & I received the package. Legally speaking, must I inform them they didn't charge me?

I recently made a large purchase from an online retailer's outlet store. The online store was having performance problems the day I ordered, but it is large trusted company so I placed the order ...
6
votes
1answer
223 views

In Germany: can i live in a Betriebstaette to circumvent payment of the Rundfrunkbeitrag

While for a flat a person has to pay 17 sth. € per month, while for a Betriebstätte with one person working a company only has to pay 5.99 €. As the company doesn't have to pay anything at all if the ...
5
votes
6answers
6k views

Is there a law or regulation that governs the maximum allowable interest amount that can be charged on credit cards or in agreements where credit is extended?

When I worked in the corporate world, I remember dealing with a company from the U.K. who cited a U.K. regulation on maximum interest/finance charges that necessitated a change in their contract. ...
5
votes
3answers
1k views

What is the rationale behind an FSA being “Use it or Lose it”?

One of the biggest gripes most people have with the Flexible Spending Account is the rule that you must "Use it or Lose it". This can lead to people frantically running around just before their money ...
5
votes
3answers
62k views

What happens if I move out before my lease ends?

Suppose I sign a one year lease for an apartment or a house and pay a security deposit for the same amount as a month's rent. If I move out before the lease ends I know that my security deposit will ...
5
votes
1answer
2k views

When can an “insider” sell shares to the market?

If all the necessary information about the company at the moment is already disclosed to the public, are insiders allowed to immediately sell as much as they want? Is there a limit?
5
votes
1answer
97 views

Can requesting an IRS transcript result in more problems?

I have some unfiled tax returns with the IRS. I met with a lawyer that specializes in help with IRS issues and he told me that the first step in their process is to get an IRS power-of-attorney from ...
5
votes
1answer
2k views

How can Ponzi schemes be detected and legally prosecuted?

Out of curiosity: How can Ponzi schemes be detected? What are the conditions to be classified as a Ponzi scheme? What are the legal means to prosecute such schemes? A Ponzi scheme "operator" can ...
5
votes
2answers
6k views

Can you borrow against a home that you don't fully own, i.e. inherited part, but without estate fully settled?

My brother and I were left our parents' home after they passed. My brother, executor of the will, resided in the house at the time of their deaths and I did not. The home is still in the name of "...
5
votes
1answer
507 views

In the USA, is it illegal for a group of people to agree to purchase or sell a particular stock?

I am researching this as a part of a story plot involving hundreds to thousands of people who are members of a religious organization and who have agreed to buy and sell a particular company's shares ...
5
votes
1answer
233 views

Which jurisdictions levy a tax on depositum irregulare?

Depositum irregulare arises when a person deposits a certain amount of money or goods to be temporarily kept by another person, who is obliged to return the same amount and type of money or goods, but ...