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I have no proof of any "agreement"!

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M

mlaemmle

Guest
What is the name of your state? Washington

Hello. I posted my issue earlier under Contracts and Obligations (subject: my money taken from joint bank account, January 30th), but the next step is more appropriate for Small Claims, I think. Problem: sister-in-law took money from my bank account--her name is on the account, so technically she is allowed to make withdrawals, etcetera. However, the only reason she was on the account was because the bank, Washington Mutual, required it, and the basic understanding was that this was MY account, and until she made a withdrawal, i was the only user for six years--all the deposits were mine. The respondant to my post said that of course my sister-in-law owes me the money, provided i have proof of our agreement. That's the catch. I have no proof whatsoever. In fact, it was never really talked about between us--just "assumed" without needing to point it out. So basically, am I screwed? My direct deposit records might show that i was probably the only depositor of funds, but they wouldn't prove that my sister-in-law wasn't supposed to take money out....I feel sort of stuck--and the dollar amount is high (about 1500 dollars)--and I'm a full-time student putting myself through school, so the money is that much more precious. Added to this--my sister-in-law now lives in California (she did the transfer over the internet). Would I have any hope in a small claims court?
 


JETX

Senior Member
"Would I have any hope in a small claims court?"
*** Of course there is 'hope'. Just not much of it. You have some major problems that are very likely insurmountable.

The first of which is that she had the RIGHT to withdraw the funds. Her name is on the account. You would have to try to prove to the court that even though she had this right, there was some type of 'understanding' that she wouldn't. That in itself is very unlikely to prove.

This is further compounded by the fact that it is now interstate.

My suggestion, take ALL funds out of that account, give them a written notice to close it and move your funds to your OWN account in another bank.
 

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