Daughter-in-law stole my ATM card.

[Striddle]

What is the name of your state? Texas
My daughter-in-law stole our ATM card and without the knowlege or permission of us or our son, she withdrew over $35,000.00 during the past 2 yrs. My son is seperated from her, but still married. I would like to make her reimburse me without involving my son. She has a good job but all their assets are common propety in TX. Can I file a civil suit naming only her? Should I make her sign a promisary note or draw up a contract and have it signed and noterized? Other than wringing her neck what can I do to her that wouldn't involve my son?

 

[rmet4nzkx]

What is the name of your state? Texas
My daughter-in-law stole our ATM card and without the knowlege or permission of us or our son, she withdrew over $35,000.00 during the past 2 yrs. My son is seperated from her, but still married. I would like to make her reimburse me without involving my son. All their assets are common propetry in TX.

How do you know she did this? Have you reported this to the police?

 

[Striddle]

She admits she owes us a lot of money, and wrote me an email saying she would try to repay it. However, she has made no effort to do so. Also I have all the bank statements that show withdrawls that could only have been made by her. (They were made in another town where she lives.) I checked all the withdrawls on the bank statements that was made by her and took them and the email to the Police. They filed them and gave me a record number. The case is open but I have not filed charges yet because I don't know how to do it without involving my son.

 

[rmet4nzkx]

Well if you don't file charges how will a court order her to pay or go to jail?

 

[Striddle]

If I file charges (it is a felony, penatentary offense), the reimbursement would come out of the joint account of her and my son. She doesn't have a bank account so it would automatically come out of his account. She has already drained his liquid funds he would have to liquidate his REAL property, namely his pickup and home to pay me. As long as there are funds anywhere, she wouldn't go to jail. They have a 5yr old daughter, so I can't make her too mad.

 

[rmet4nzkx]

He can file for divorce, even in community property states property division can be less than 50/50 however she would still be entitled to her share of the home, it is possible he might have to sell the home but could buy another and possibly be awarded custody of the child.

 

[Striddle]

He is reluctant to divorce her because she can demand he sell the house so she can get her 50%. She has ruined his credit so he can't qualify to buy another. Is it possible to file a civil suit on her and not him?

 

[stephenk]

How did she get your PIN number? How could you let $35,000 disappear out of your account without you knowing it?

Either have the police press charges against her or sue her in civil court. your son has decided to stay with her despite her actions. If she doesn't have a separate source of income or assets, how do you expect her to pay anything back to you?