Crazy husband

[prumbley]

What is the name of your state (only U.S. law)? al
My soon to be ex husband is purposely writting bad checks against our joint account just to be spitefull. I've called the DA's office and they are telling me that its a civil matter not a criminal matter. I've called the bank and they wont freeze the account. What do I do?

 

[Just Blue]

What is the name of your state (only U.S. law)? al
My soon to be ex husband is purposely writting bad checks against our joint account just to be spitefull. I've called the DA's office and they are telling me that its a civil matter not a criminal matter. I've called the bank and they wont freeze the account. What do I do?

Close the account.

 

[LdiJ]

Close the account.

I agree. Close the account and open a new one in just your name.

 

[mistoffolees]

Close the account.

That is the correct response.

However, I'm having trouble understanding why the DA would say it's a civil rather than criminal matter. It actually can be both.

Bad Check Laws by States-Civil & Criminal Penalties

According to the above source, it is both a criminal AND civil matter. The AL law specifies the criminal penalty for checks over $500 (up to 3 years in prison). For checks under $500, they can still file criminal charges, although the penalty is left up to the judge. Since he's doing it intentionally, I would wager on a penalty at the higher end of what the judge is allowed.

If you're not getting any help from the DA, I would call your Sheriff. If that doesn't work, call the mayor.

But close the account first.

 

[prumbley]

Well, the bank will not close the account because it's in the neg. they won't even freeze the account to keep him from doing more damage. The DA said its not criminal until the bank turns him in. If I open an account at the same bank, the bank can take money out of my account to satisfy the neg balance of the joint account!

 

[Antigone*]

Well, the bank will not close the account because it's in the neg. they won't even freeze the account to keep him from doing more damage. The DA said its not criminal until the bank turns him in. If I open an account at the same bank, the bank can take money out of my account to satisfy the neg balance of the joint account!

You are correct. They will not close the account until it is brought to a zero balance. You, as an account owner are held responsible for that debt, just as he is.

If you open another account at the same institution, they will exercise their right of set off to the recover any owed funds.

 

[mistoffolees]

Well, the bank will not close the account because it's in the neg. they won't even freeze the account to keep him from doing more damage. The DA said its not criminal until the bank turns him in. If I open an account at the same bank, the bank can take money out of my account to satisfy the neg balance of the joint account!

Talk to the sheriff or a lawyer. I believe that you have the right to turn him in for criminal prosecution, as well.

 

[Tallrat]

Have your lawyer file for legal separation now!

 

[mistoffolees]

Well, the bank will not close the account because it's in the neg. they won't even freeze the account to keep him from doing more damage. The DA said its not criminal until the bank turns him in. If I open an account at the same bank, the bank can take money out of my account to satisfy the neg balance of the joint account!

Talk to a bank manager. They CAN freeze the account. You can also request that the bank turn him in to the DA for prosecution. The clerk you're talking to may not bother, but a manager might. If that doesn't work, ask for the VP, branch manager, etc.

File a police report.

Open an account at another bank (that's actually a good practice for everyone going through divorce. Even if the bank doesn't intentionally take money from your account, it's too easy for them to make a mistake if you have multiple accounts there). Everyone can use another toaster, right?

 

[Just Blue]

Well, the bank will not close the account because it's in the neg. they won't even freeze the account to keep him from doing more damage. The DA said its not criminal until the bank turns him in. If I open an account at the same bank, the bank can take money out of my account to satisfy the neg balance of the joint account!

Bring the account to balance and then close it. File a law suit against your ex for the costs you incurred.