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Ex-girlfriend took money out of my bank account without authorization

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ColoradoTB

Junior Member
What is the name of your state (only U.S. law)? Colorado
My ex girlfriend took $364 out of my bank account. She had access to it from her account at a seperate bank that was linked to mine. The linked accounts were supposed to be set up to only deposit, not withdraw, money and she was supposed to delete her link to my account 8 months ago. The money she took out was to pay for a charge on her cell phone account, that is completely in her name, for me taking my phone off her contract when she broke up with me. I told her that I was going to pay back the $364 when I could but she went ahead and took the money from my account. I have already filed a fraud claim with my bank to get the money back. Do I have any legal recourse against her?
 


ecmst12

Senior Member
You sue her, she countersues that you owed her this money anyway, and since you do, I suspect she'd win. But see where the complaint with your bank gets you.
 

sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Colorado
My ex girlfriend took $364 out of my bank account. She had access to it from her account at a seperate bank that was linked to mine. The linked accounts were supposed to be set up to only deposit, not withdraw, money and she was supposed to delete her link to my account 8 months ago. The money she took out was to pay for a charge on her cell phone account, that is completely in her name, for me taking my phone off her contract when she broke up with me. I told her that I was going to pay back the $364 when I could but she went ahead and took the money from my account. I have already filed a fraud claim with my bank to get the money back. Do I have any legal recourse against her?
Really?!?!?

You pretty much acknowledge that you owed the money. While the method of collecting was inappropriate, as the other poster states, you would have had to pay the money anyway. Who cares how she got it? I suspect that you're just sore because she got the money sooner than later, or that you really had no intention of following through with your verbal promise to pay her back at all.

You had to have authorized her to link to your bank account in the first place. Clearly, that link was NOT set up to disallow withdrawals because it allowed it - which it would have done before as well. With that authorization in place, it's unlikely that a fraud claim is going to go anywhere (especially if there is no police report to go with it). Do you have proof that you ever withdrew that authorization?
 

jiggy78

Member
Comon dude, we weren't born yesterday. You were never going to pay the money back voluntarily. You clearly had the money in your account so why hadn't you paid it already? Your fraud claim will go nowhere since there was no fraud.
 

Antigone*

Senior Member
My suggestions to you are to close that account and open a new one, and take care of your own cell phone bill. Real men don't need their girlfrends to get phones for them.
 

tranquility

Senior Member
If all it costs you to get out of a relationship where you had linked accounts and billings is this amount, count yourself lucky and move on. Could there be something to sue on? Sure. But, no one will win that one. Could there have been a crime? Maybe. But, no one is going to prosecute it.

Do what Antigone* suggests. Close your account and open a new one. I might send a letter stating your debts are paid from the withdrawal so she can't come back at you later, but even that seems a bit more than necessary.
 

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