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PDF Editor FAQ

Is Paypal a good place to keep money safe from a bank writ of garnishment from a judgment creditor (from a civil lawsuit)?

I am only licensed to practice law in Oregon. I am answering only from my knowledge of Oregon law.I send writs of garnishment to banks all the time on behalf of judgment creditors from civil lawsuits. The banks either send me a check, send my writ back with “no accounts found” or they call and ask for more information about the debtor. Usually after that call I get a response saying “no accounts found.” I have, on several occasions, tried to follow up on that without success.I think it is naive to believe banks always obey a writ and give the judgment creditor money. If the customer is not wealthy the bank will empty their account and run up overdraft fees and garnishment fees and be happy to be rid of the customer. If the bank wants to protect a wealthy customer the person responding to the writ will find a way to weasel out of sending money. Then the judgment creditor has a choice of either scheduling a garnishee exam and hauling some bank employee into Court and swearing them in and trusting they are going to tell the “whole truth” and not continue to protect their client and the bank. I, as an attorney, am far more likely to go look for assets somewhere else than waste time on garnishee exams.I see two major problems with trying to garnish Paypal. First, I think they would claim to not be a “financial institution.” In Oregon a writ of garnishment can be sent to a “financial institution.” ORS 18.784–798. Under ORS 18.600, “Financial institution” means a financial institution or trust company as those terms are defined in ORS 706.008 2017 Oregon Revised Statutes. ORS 706.008 says“Financial institution” means an insured institution, an extranational institution, a credit union as defined in ORS 723.006 [credit unions], an out-of-state credit union under ORS 723.042 or a federal credit union. . . .(31)(a) “Trust company” means a company that is authorized under the provisions of ORS chapter 709 to transact trust business, including the trust department of a bank.”The second problem I see is geographical. According to a manual titled “Creditor’s Rights and Remedies” published by the Oregon Bar in a chapter authored by Mark B Comstock, “A writ of garnishment is not effective against an out-of-state garnishee or against a debt or property that is not within the geographic boundaries of the state.”My limited understanding of Paypal is that they are not insured, they claim to not be a bank, they are headquartered in California with an operations office in Nebraska. If I were to send them a writ from Oregon I expect they would send me a response saying “no accounts found” or simply ignore the writ and basically dare me to try to drag them from Silicon Valley for a garnishee exam. In the event I ever got a judge to help me make them answer to my writ, I would expect them to say that the money was not in Oregon and I doubt a judge would give a rat’s posterior about me and my creditor. It might be different if I had a judgment in California, but then again I would expect California judges to be protective of such a large corporation within California. That is the state where lawyers protect OJ Simpson from collection while he golfs and lives the life of a playboy. To all those answering this question and claiming that dodging collection on a civil judgment is a crime, please tell that to OJ’s lawyers. Bid to collect from O.J. Simpson turned down

What information did you wish you knew before you joined the Marines?

I really wish I knew EXACTLY what each MOS really did. Unfortunately for me, I grew up in and was recruited from our nation’s only triple-landlocked state, Nebraska so there wasn’t a lot of opportunities for me to observe the operations of a sea service like my beloved Corps.The recruiter is going to spew some info your way, and he will help you the best he can in describing what each occupational branch does. But remember, he has two quotas to fill: His bodies put in per month and what The Corps needs that month. If you are like me and wanted a combat arms MOS but scored 127 on the ASVAB during a time when The Corps was short on Signals Intelligence, he is going to talk you into Signals Intelligence. There will ALWAYS be a simultaneous need for Infantry and a random collection of high-end MOS’s. High-end meaning a high ASVAB score requirement. The most important thing to remember is that if your ASVAB GT score is over 100, you can have ANY MOS you want. ANY MOS. If you have a high GT score, say 115, and you want to get into cyber-security stuff DO NOT let him talk you into going Motor-T!!!The best thing to do is ask the recruiters in the office what their MOS is, how they like it, do they get to interact with other branches, how they interact with other MOS’s, etc. One good thing about my MOS is how it allowed me to be at small detachments, operational battalions, MEF level staff commands, and multi-branch joint commands. At 3rd SSCT in Iwakuni, there was only 10 of us with the senior ranking being a SSgt. I got to be the conduit for highly classified intel reports and diplomatic cables going through the Pacific Theater. This was before PCs and we used old teletypes and shit. At 2d Radio Bn, I got to experience raw signals intelligence data getting gathered and some times translated at the source and analyzed in our little “compartments” before handing it up to a senior command. Att II MEF G2 I got to experience the large planning operation and fusion of intelligence from roughly one-third of the entire Marine Corps, including ground and air assets. It was there I also got the blessing (and curse) of being a part of high-profile events. Our Sergeant Major didn’t like how the “Staff” section of O-6’s and E-9’s looked when doing change-of-command or retirement ceremonies, so he decided only Cpl’s and Sgt’s would do it instead of Col’s and MGySgt’s. I got to do every one of those ceremonies in dress uniform complete with sword. Even for the MEF Commander’s retirement. Guess who shows up when a 3-Star General retires? The Commandant of the Marine Corps, General James L. Jones. I think his 6′5″ ass is the first Marine to get a confirmed kill just by staring at someone. Every General/Admiral in the Armed Forces has to go to a professional Capstone school just like with any leadership rank. During this course, they travel and observe capabilities exercises of each branch and how they interoperate with each other. When it was the Marine Corps turn to host this two-day event, our MEF CG decided that every General/Admiral will have his/her own personal escort during the event. I got to escort some Army aviation director, which sounds impressive at first until one of my friends got an astronaut and another got a member of the Joint Chiefs of Staff. I also got to be a security augment for the US Secret Service when President Bush visited in 2003. Keep in mind, when you get to do this kind of fancy-wow shit and you knock just two teeth out of a LCpl in the barracks for calling you a little bitch in front of everyone, a Col can take you from Sgt to LCpl, take half-month’s pay for two months and give you restriction and extra duty for two months on an Article 128.Another thing I wish I knew before joining was how to be a bit more humble and mature. I know, this literally goes against all Marine Logic, but I really wished I would have just sternum-punched that shithead into the wall instead of breaking his two front teeth off at the gum-line with a beer bottle. Killian’s Irish Red, just in case you were curious. Okay, use that a lesson, don’t leave any marks or break shit that requires emergency visits to the Naval Hospital at Camp Lejeune.Another one, make sure you grow some thick skin. Real thick skin. You are going to meet some of the biggest assholes you will ever know in the Marine Corps. You are also going to meet some of the most amazing people you could only hope to be like someday. Sometimes they are the same people. Often they are not.Don’t get married during your first term, assuming you are a pretty young guy not far from high school. Unless you are one of those almost 30 guys that join and so is your betrothed, then go ahead. The barracks suck, just deal with it for a while.Don’t buy a bunch of useless, random shit. You are going to be moving around a lot. Even in the same unit and barracks, you will be moving into a different barracks room for some fucking reason. Usually, that reason is “You like your roommates? Good-to-go then. Stand-by, FUCK YOU!” When it comes to entertainment, I would just buy one of those neat tablet-laptop hybrid things and maybe a decent sized TV during a Super Bowl sale or on Prime Day. Buy some decent civilian clothes and no dumb-ass boot T-Shirts. Get stuff that you can mix and match to keep your wardrobe varied without having to keep up with a bunch of stuff. Always have a decent set of Khakis on hand, especially if you are on ship or a large exercise in a foreign country, SNCOs and Officers sometimes get a hard-on for libo attire in high-profile places. Now that “Don’t Ask, Don’t Tell” has been repealed, you should be able to find a gay guy somewhere in your unit. Take him with you when shopping for clothes.Open an account with Navy Federal Credit Union as soon as you can and have your Direct Deposit sent there.When buying a car, don’t immediately go for the most awesome shit ever. Get something sensible, reliable and economical enough to have paid off by the time your enlistment is up. There are plenty of “cool” cars that fit this description, Mustangs and Chargers are not. As a matter of fact, nothing says “boot” like a Mustang or a Charger. Also, get pre-approved from Navy Federal so you don’t get ass-fucked with 29%APR. Jeeps are cool. I like them. I am an active overlander myself, but there is very little that I take my Nissan Xterra over that a Subaru Crosstrek fitted with All-Terrain tires and a roof-top tent won’t handle. The more serious off-road stuff I DO take my Xterra on that a Crosstrek couldn’t I only do because I can. I have a friend with over $70,000 wrapped up in his Toyota 4Runner, I follow him in my stock Xterra wherever I go.When you are in a foreign land on liberty, make the effort to learn about their culture and customs in addition to sampling their booze and hookers.

How many bank failures have happened due to the coronavirus?

There have been no Bank Failures as of April 3, 2020 caused by the COVID-19 pandemic.Nebraska state regulators closed Ericson State Bank on Friday, February 14th. This is the first bank to fail in 2020. It was primarily a liquidity problem that the bank offered high interest rates for investments. No Credit Unions or Savings and Loans entities have failed yet this year.First Bank Failure of 2020: Ericson State Bank in NebraskaOn Friday, April 3, 2020, The First State Bank was closed by the West Virginia Division of Financial Institutions. This was also for longstanding capital and asset quality issues. This could have also been the fallout after a Bank Officer was convicted of $1.7 million of loan fraud up to 2012, jailed in 2014.https://money.usnews.com/investing/news/articles/2020-04-03/fdic-announces-closure-of-west-virginias-first-state-bankFDIC First State Bank west Virginia.Cantley receives little mercyUnlike the subprime mortgage collapse that created the financial collapse in 2008, there was only a general flatness in global economy prior to the impact of COVID-19, and the financial services controls introduced have gone some way to stop something similar from happening, although President #45 has already started to roll them back.Over 400 Banks and Financial Services entities failed as a result of the 2008 financial crises, including large ones such as Wachovia and Washington Mutual.The need to be vigilant and to deal with the prospect of many loans becoming delinquent, and any bank owned market positions devaluing their assets are the major risks.COVID-19 potential implications for the banking and capital markets sectorThank you for the A2A, Michael.

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