Hotsummers
Junior Member
What is the name of your state (only U.S. law)? Texas
Good Morning,
The jist of the story is this, person A created a joint checking account with person B so that person B could take care of person A’s personal finances while working outside the country, including property, renters, etc. There was no set salary or payment for services established other than person A agreeing that person B could pay some personal bills out of the joint account. This arrangement lasted for 18+ months and was ended in January 2014 when it just became too much of a burden to continue. Shortly thereafter, person A demanded repayment of monies used to pay person B’s personal bills from the joint account. This seems to be a civil dispute in my mind.
Person B has refused to repay any amount of monies, so person A went to the local PD and reported it as a theft. Person B recently met with an investigator from the PD and stated the DA as already agreed there is enough to file a felony charge but if person’s A/B can agree to payment terms, put it on paper and have it notarized no further action will be taken.
My questions are this...
1. In general, can there ever be theft from a joint bank account? Do both persons not have equal right to the money, and in this case person A would run a certain level of risk that the money will be utilized for its intended purpose?
2. Assuming this is a civil matter, or even if it’s a criminal matter, is it common or appropriate for the PD to threaten someone with a felony charge to force them into signing a promissory note for an amount of money they may or may not agree with? Isn't restitution of theft a civil matter?
Thank You in advance
Good Morning,
The jist of the story is this, person A created a joint checking account with person B so that person B could take care of person A’s personal finances while working outside the country, including property, renters, etc. There was no set salary or payment for services established other than person A agreeing that person B could pay some personal bills out of the joint account. This arrangement lasted for 18+ months and was ended in January 2014 when it just became too much of a burden to continue. Shortly thereafter, person A demanded repayment of monies used to pay person B’s personal bills from the joint account. This seems to be a civil dispute in my mind.
Person B has refused to repay any amount of monies, so person A went to the local PD and reported it as a theft. Person B recently met with an investigator from the PD and stated the DA as already agreed there is enough to file a felony charge but if person’s A/B can agree to payment terms, put it on paper and have it notarized no further action will be taken.
My questions are this...
1. In general, can there ever be theft from a joint bank account? Do both persons not have equal right to the money, and in this case person A would run a certain level of risk that the money will be utilized for its intended purpose?
2. Assuming this is a civil matter, or even if it’s a criminal matter, is it common or appropriate for the PD to threaten someone with a felony charge to force them into signing a promissory note for an amount of money they may or may not agree with? Isn't restitution of theft a civil matter?
Thank You in advance