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Spouse possibly using shared account without my knowledge.

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LdiJ

Senior Member
A “bad check” has no legal definition. A check writtten with no intent to defraud is not criminal and as such the debt created by writing that check is applied against the joint account and as such becomes a joint debt.

And as I said; until a court determines there is illegal activity, there is, at best, alleged illegal activity. Until that time it is not a crime and as such the debt created is jointly owed by the co-owners of the account.
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No it is NOT. It has nothing to do with the bank account. The bank will reject the check if there are no funds or insufficient funds in the bank. Unless its a community property state any debt created by the bad check will be the debt of the party who wrote the check. However, it will not be debt connected to the bank account, or debt to the bank. It will be debt to the party who didn't get paid because the check bounced.
 


justalayman

Senior Member
,

No it is NOT. It has nothing to do with the bank account. The bank will reject the check if there are no funds or insufficient funds in the bank. Unless its a community property state any debt created by the bad check will be the debt of the party who wrote the check. However, it will not be debt connected to the bank account, or debt to the bank. It will be debt to the party who didn't get paid because the check bounced.
Fine ldij. You think what you want to. I’m not going to argue
 

Ohiogal

Queen Bee
,

No it is NOT. It has nothing to do with the bank account. The bank will reject the check if there are no funds or insufficient funds in the bank. Unless its a community property state any debt created by the bad check will be the debt of the party who wrote the check. However, it will not be debt connected to the bank account, or debt to the bank. It will be debt to the party who didn't get paid because the check bounced.
You are wrong yet again. And not all banks will reject a check if there are no funds or insufficient funds in the bank. Huntington, for instance, defaults to covering checks with a 24 hour grace before a fee is instituted but they will still cover the checks that come in. You don't know what you think you know. JAL is correct. You are not.
 

Ohiogal

Queen Bee
The bank is not going to give her an overdraft. The odds of something like that are incredibly slim, and even when a bank does give an overdraft its small.
Prove it. What bank does he use and what is their policy? For instance Huntington's policy:
24-Hour Grace® is our unique Overdraft Fee relief that we provide as a benefit to our consumer checking, savings and money market deposit accounts. Here's how it works: When there aren't enough funds in your account to cover checks, debit card purchases or other payments and withdrawals, banks can do one of three things:


  1. Allow you to overdraw your account to cover the items and charge you an Overdraft Fee.
  2. Decide not to let you do that and return the item (for example, bounce your check) and charge you a Return Fee.
  3. Or, for certain items (such as debit card purchases or ATM withdrawals), simply deny a payment authorization request, in which case the transaction ends there with no fee.

Huntington protects you from overdraft fees with our 24-Hour Grace on all consumer checking, savings and money market deposit accounts. 24-Hour Grace helps you avoid an Overdraft Fee when we allow you to overdraw your account. All you have to do is make a sufficient and timely deposit during the next business day following the day of the overdraft and we'll waive the Overdraft Fee. You can even sign up for email or text alerts to let you know an overdraft has occurred.

Please note that 24-Hour Grace is not applicable, however, if we return the item and charge a Return Fee.
Also:
24-Hour Grace® is our unique Overdraft Fee relief that we provide as a benefit to our consumer checking, savings and money market deposit accounts. Here's how it works: When there aren't enough funds in your account to cover checks, debit card purchases or other payments and withdrawals, banks can do one of three things:


  1. Allow you to overdraw your account to cover the items and charge you an Overdraft Fee.
  2. Decide not to let you do that and return the item (for example, bounce your check) and charge you a Return Fee.
  3. Or, for certain items (such as debit card purchases or ATM withdrawals), simply deny a payment authorization request, in which case the transaction ends there with no fee.

Huntington protects you from overdraft fees with our 24-Hour Grace on all consumer checking, savings and money market deposit accounts. 24-Hour Grace helps you avoid an Overdraft Fee when we allow you to overdraw your account. All you have to do is make a sufficient and timely deposit during the next business day following the day of the overdraft and we'll waive the Overdraft Fee. You can even sign up for email or text alerts to let you know an overdraft has occurred.

Please note that 24-Hour Grace is not applicable, however, if we return the item and charge a Return Fee.
Can you back up ANYTHING you have said?
 

Ohiogal

Queen Bee
Can you elaborate on how she could do that? At least give some examples? He is asking a question about a bank account.

Community debt otherwise would have nothing to do with the bank account.
it is a JOINT account. Accrued during the marriage. How do you not comprehend that?
 

Chyvan

Member
  1. Allow you to overdraw your account to cover the items and charge you an Overdraft Fee.
  2. Decide not to let you do that and return the item (for example, bounce your check) and charge you a Return Fee.
  3. Or, for certain items (such as debit card purchases or ATM withdrawals), simply deny a payment authorization request, in which case the transaction ends there with no fee.
Option 1 works by a formula.

How negative do you think you could go at Huntington before it exercised option 2?

I wrote a check for $5 too much at a credit union, and it bounced. I wasn't even below zero. I forgot about the $5 that is required to always be on deposit in the share account. I'd had the account for quite a while. Therefore, I can't picture the wife being able to rack up much of a negative balance other than for fees because no bank wants to risk a loss.

The worst case I can think of is she deposits a fake check because she won a "contest," and she needs to deposit it and remit money for the taxes (which she really just withdraws in cash and keeps). Those are for less than $5000 though to avoid exception holds, and you're only going to get to do it once if at all.

I don't think the bank account is a big problem, it's being married that's the real risk. Pretend that it was his girlfriend as the joint owner, what do you really estimate his exposure to be?
 

Ohiogal

Queen Bee
Option 1 works by a formula.

How negative do you think you could go at Huntington before it exercised option 2?

I wrote a check for $5 too much at a credit union, and it bounced. I wasn't even below zero. I forgot about the $5 that is required to always be on deposit in the share account. I'd had the account for quite a while. Therefore, I can't picture the wife being able to rack up much of a negative balance other than for fees because no bank wants to risk a loss.

The worst case I can think of is she deposits a fake check because she won a "contest," and she needs to deposit it and remit money for the taxes (which she really just withdraws in cash and keeps). Those are for less than $5000 though to avoid exception holds, and you're only going to get to do it once if at all.

I don't think the bank account is a big problem, it's being married that's the real risk. Pretend that it was his girlfriend as the joint owner, what do you really estimate his exposure to be?
They have allowed the mortgage to come out and paid it without funds. (Direct debit) -- the money went in later that day but they still did it. So approximately 1k …
 

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