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  #1  
Old 10-29-2008, 11:03 PM
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Join Date: Oct 2008
Posts: 1

joint checking account - after break up


What is the name of your state (only U.S. law)? colorado

I NEED ANSWERS FAST!!! I was briefly engaged to someone, who strong armed me into signing up for a joint checking account. It was set up so that I could access his money in case I needed it for an emergency. I maintained my own separate checking account, with my wages going directly into my own. He made deposits into the joint acct. I know it was a bad decision on my part, but I did it anyway. Four months later, we are no longer together and I have been insisting that he close the joint acct for those 4 months. I realize I can do this too, but he kept telling me that he needed some time for checks to clear, for his automatic deposit from his employer to be set up under a new acct he had somewhere... blah blah blah. I wanted to give him the benefit of the doubt and let him do it on his own. He will NOT close the acct and says that if I do, there will be trouble and he says things will get ugly. He ignores my email, txts and phone messages. So, I figured the only way to get his attention was to start taking money from the acct. Twice I withdrew $20 from the acct, 2 days apart. When he found out, he threatened to call the police and file a report for theft of the money from the account.

Can he do that? Can I be charged with theft if my name is legally on the account, regardless of who primarily uses it and who deposits money into it?

He has also taken a payroll advance out on the acct in the amount of $500. Every time his employer makes an auto deposit, they get their money back. He then borrows it again. If I close the account without that being paid back, am I liable for that $500? Can they go into my own personal checking account (at the same bank) and retrieve that money?

I want this person out of my life and my financial ties severed. What should I do?

Last edited by lstevens; 10-30-2008 at 12:03 AM. Reason: need responses
  #2  
Old 10-30-2008, 12:10 AM
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Join Date: Dec 2007
Location: Thebes
Posts: 6,099
Quote:
Originally Posted by lstevens View Post
What is the name of your state (only U.S. law)? colorado

I NEED ANSWERS FAST!!! I was briefly engaged to someone, who strong armed me into signing up for a joint checking account. It was set up so that I could access his money in case I needed it for an emergency. I maintained my own separate checking account, with my wages going directly into my own. He made deposits into the joint acct. I know it was a bad decision on my part, but I did it anyway. Four months later, we are no longer together and I have been insisting that he close the joint acct for those 4 months. I realize I can do this too, but he kept telling me that he needed some time for checks to clear, for his automatic deposit from his employer to be set up under a new acct he had somewhere... blah blah blah. I wanted to give him the benefit of the doubt and let him do it on his own. He will NOT close the acct and says that if I do, there will be trouble and he says things will get ugly. He ignores my email, txts and phone messages. So, I figured the only way to get his attention was to start taking money from the acct. Twice I withdrew $20 from the acct, 2 days apart. When he found out, he threatened to call the police and file a report for theft of the money from the account.

Can he do that? Can I be charged with theft if my name is legally on the account, regardless of who primarily uses it and who deposits money into it?

He has also taken a payroll advance out on the acct in the amount of $500. Every time his employer makes an auto deposit, they get their money back. He then borrows it again. If I close the account without that being paid back, am I liable for that $500? Can they go into my own personal checking account (at the same bank) and retrieve that money?

I want this person out of my life and my financial ties severed. What should I do?

First of all calm down. He cannot file a police report for because you withdrew money from your own account. Technically you own that money just as much as he does. The cops will tell him that it is a civil matter.

My advice to you is to close the account. Have a cashier's drawn in his name. Send cashier's check to him that same day via Federal Express. By doind this you have removed yourself from all financial "strings' if you will.
__________________
Dang the Persephone for eating those pomegranate seeds. It is because of her urge to snack that we must suffer through the winter that will soon be upon us.
  #3  
Old 10-30-2008, 12:13 AM
Senior Member
 
Join Date: Dec 2007
Location: Thebes
Posts: 6,099
Quote:
Originally Posted by lstevens View Post
What is the name of your state (only U.S. law)? colorado

I NEED ANSWERS FAST!!! I was briefly engaged to someone, who strong armed me into signing up for a joint checking account. It was set up so that I could access his money in case I needed it for an emergency. I maintained my own separate checking account, with my wages going directly into my own. He made deposits into the joint acct. I know it was a bad decision on my part, but I did it anyway. Four months later, we are no longer together and I have been insisting that he close the joint acct for those 4 months. I realize I can do this too, but he kept telling me that he needed some time for checks to clear, for his automatic deposit from his employer to be set up under a new acct he had somewhere... blah blah blah. I wanted to give him the benefit of the doubt and let him do it on his own. He will NOT close the acct and says that if I do, there will be trouble and he says things will get ugly. He ignores my email, txts and phone messages. So, I figured the only way to get his attention was to start taking money from the acct. Twice I withdrew $20 from the acct, 2 days apart. When he found out, he threatened to call the police and file a report for theft of the money from the account.

Can he do that? Can I be charged with theft if my name is legally on the account, regardless of who primarily uses it and who deposits money into it?

He has also taken a payroll advance out on the acct in the amount of $500. Every time his employer makes an auto deposit, they get their money back. He then borrows it again. If I close the account without that being paid back, am I liable for that $500? Can they go into my own personal checking account (at the same bank) and retrieve that money?

I want this person out of my life and my financial ties severed. What should I do?

First of all calm down. He cannot file a police report for because you withdrew money from your own account. Technically you own that money just as much as he does. The cops will tell him that it is a civil matter.

My advice to you is to close the account. Have a cashier's drawn in his name. Send cashier's check to him that same day via Federal Express. By doing this you have removed yourself from all financial "strings" if you will. He will be very angry but at least you've severed yourself from him.

Please allow me to give you one more piece of advice. Don't ever open a joint account with someone who is not your husband. In the event your husband has bad credit, don't open one with him either.
__________________
Dang the Persephone for eating those pomegranate seeds. It is because of her urge to snack that we must suffer through the winter that will soon be upon us.
  #4  
Old 11-11-2008, 10:28 PM
Junior Member
 
Join Date: Sep 2008
Location: Denver, Colorado
Posts: 3
In regards to going into your checking account to get money, the answer could very well be yes. Most banks/credit unions make you sign something that if one account runs out of money, they can take money from another account to pay for the overdraw. You need to read through your contract and see what it says.

Getting the financial ties severed may take some work - I'd go to the bank and talk to a representative there to find out what happens if you close it, since it is the contract with them that probably has the most play in the situtation.
  #5  
Old 11-12-2008, 07:37 AM
Senior Member
 
Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,846
You may not need to close the account. If none of your money is in it, just call the bank and ask to have your name taken off of it. Put the $40 back first, obviously. But if the account is currently in good standing, there is no reason I can think of that they would not want to let you take your name off.

If you are living with someone, having a joint account to pay bills from makes sense. I have friends who have done that with their roommates to make paying bills easier. But obviously you have to trust the person. And then again, if you don't trust them, why are you living with them?
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