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$&$&
Bank Fraud or Theft? Please help :(?
Hello - I am asking this question for a friend who needs help.

1) I'm going to call my friend "Jane" & her ex-husband "John". FYI. They're just separated. No divorce papers in order.

Ok here's the story.
Jane separated with John. Then Jane went to her bank and told them to take her name our off the joint bank account with John. Then Jane opened a new account under her name under the same bank account.
Now, a year later the bank freezes Jane's account. Bank tells Jane that they froze her account b/coz of some money owed on her other account (about $1.4K). Bank is claiming that her name is still in the old account and that since she does not have any divorce papers that she's still liable of that money owed by John?

Now, Jane asked John about this account. John said that he rec'd a fraud bank check he deposited on his account and wrote a bad check coz he thought he had money. John asked the bank to help him, but they did not so John said he just closed the bank account.
Additional Details
Now, what can Jane do? The bank does not want to give her any information except that she owed that money. The bank had froze all her money and John does not want to help her. What should she do?
                     
 




SPIFIMAN1
Rating
Sorry, your friend is out of luck. I went through this when my ex and I got a divorce.

Once a name is added to a bank account there is no way to legally remove it, the account must be closed and another opened.


Cali-Gal
Just as Spifiman said, in order to get your name off of a joint back account, it would have to be closed. Sad, but true. Jane should consult a lawyer.


deb2rule
Rating
Wow! this sounds complicated.
! Jane should have waited until the divorse papers can thru for her to sign, then closed her side of the account since she would no longer be leagally married to John anymore.

2. If she wanted to have a new account she should have gone to another bank.

3. She and John should talk to a lawyer.

4. John's the one who wrote a bad check and managed to screw the account. It's all John and nothing can really be done about it.
As for the freezing of JAne's account I really have no idea. She really needs to get help from a lawyer and then take it from there.

Good luck and keep us all posted.


Marysue
Jane needs documentation that her name was taken off the joint account.


Sgt Big Red
She's just out of luck on that one. The account was joint at that time he deposited the check. She had better divorce him before she finds something else later on about his stupid moves.


chriss832002
Rating
I'd say get a lawyer. It's the banks fault for not taking her name off the account when she originally asked them to. She shouldn't be held accountable for that. It might be kind of hard though being that she has no proof. I'd definitely contact a lawyer even just for there opinion on the matter.


Steveo
Rating
I think she needs an attorney, although I don't know what the attorney can do for her. They're not legally separated, because no papers have been filed. Her biggest mistake was opening another account at the same bank under the same number and not verifying that her name was taken off the old account.

Anyway, I think that the bank is correct in their actions. If her checking account was in any way linked to the old account, then she was asking for trouble.

Good luck to her.


columbo
Rating
It was Jane's responsibility to make sure at that time they had indeed taken her name of it and not just taken their word for it I am afraid. If her name is on it then yes she is just as liable as John I am afraid. I have one question though, if that account was owed money then the bank would not have closed that account as John says. The banks will not close an account where there is a debt outstanding.Jane needs to double check her name IS still on that account. Then she needs to seek legal advice.


The girl next door
Yes if your name is under an account with any one else if its joint the primary account holder and the CO- owner are equally liable as the other person is. The account is probably charged off and you would need to make some arrangments to or payment plan to help pay it off. Unfortuanltley. This is not Bank fraud, its just the way the banks make there money. Many times you cant take your name off the account unless you close that account. Just some words of advice to everyone "dont open a joint account with your husband or anyone else" and stop writing bad checks when you know you dont have the money to cover the them.


Pam H
Rating
Talk to an attorney. Banks will rip you off any way they can. She may not be liable for the money since she took her name off, but if this is not specified in the divorce papers they may be able to stick her with it.


spd_pwr_tecnq
You need a good lawyer, a lot better than your divorce attorney. You need to find out about your states good faith laws


Victoria
Rating
If Jane's name was taken off of the account before any of this happened, Then Jane is not liable at all. I work at a bank and only the persons name who is on the acct at the time incidents happen like this is held responsible.


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