Someone..help!please!

[brookface]

What is the name of your state? What is the name of your state? California
2 years ago my fiance had a washintong mutual joint checking account with his ex girlfriend and when they broke up he was told that she put the account under her name and he went ahead and opened his own checking account at washington mutual( his fault for not checking).
Him and I started our own clothing business..we opened a savings account at washington mutual to keep all the money that we made from the business until we both had a day off to go in together to open a business account.
Well needless to say his ex girlfriend didn't take his name off the checking account from 2 years ago and she bounced about $500 worth of checks in which the bank took from our savings acccount to cover her overdrafts.
she refuses to pay us back.
and the bank said there is nothing they can do.
this can't be legal...I'm praying there is something we can do about this..can i take her to small claims? my fiance? help!
Brook

 

[hemingway]

http://www.courtinfo.ca.gov/selfhelp/smallclaims/

I am not a lawyer. good luck!

 

[Veronica1228]

What is the name of your state? What is the name of your state? California
2 years ago my fiance had a washintong mutual joint checking account with his ex girlfriend and when they broke up he was told that she put the account under her name and he went ahead and opened his own checking account at washington mutual( his fault for not checking).
Him and I started our own clothing business..we opened a savings account at washington mutual to keep all the money that we made from the business until we both had a day off to go in together to open a business account.
Well needless to say his ex girlfriend didn't take his name off the checking account from 2 years ago and she bounced about $500 worth of checks in which the bank took from our savings acccount to cover her overdrafts.
she refuses to pay us back.
and the bank said there is nothing they can do.
this can't be legal...I'm praying there is something we can do about this..can i take her to small claims? my fiance? help!
Brook

Well, it was definitely legal for the bank to take the money from your savings account if your fiance's name was on it as a joint account holder. This is because of their "Right to Set-Off" clause that you will find printed in their disclosure. I know this is too little too late, but just so you know, a name cannot be removed from an account unless one of the parties dies. Your fiance and his ex would have needed to close that account out completely and then the ex would open an account in her name only. This is the way it is usually done.

The only thing you can possibly do is hire a lawyer and take her to court. Get as much documentation as you can. Bank statements, check copies etc.

Good luck.