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CarolineSimmons | Can you be sued (criminally) for withdrawing funds from a joint personal checking account? |
"A" and "B" have a joint personal checking account to which they both having signing authority. "A" owes "B" $10,000 for employment services. "A" writes a letter stating they owe "B" the money and will make payment once they have paid their bills. "B" waits over 90 days for payment and receives nothing but excuses. "A" makes a deposit of $15,000 in the joint account. "B" withdraws exactly $10,000 from the joint account.
Can "A" go to the district attorney and file a criminal warrant on "B" for withdrawing the funds? And if so, where can I find case law to support this? OR if not, where can I find case law to support this?
Thanks in advance for the help! |
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QuestionWyrm
 |
I'm not a lawyer or a banker, but I think the POINT of a joint checking account is that the money in it belongs both to person A and person B so they are well within their legal right to withdraw any and all funds even if depositied by person A.
edit: you should talk to your bank |
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teasinglittlebrat
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In a joint account if the signature/s needed states "A And B" then one cannot withdraw legally as BOTH signatures are needed but, if it says "A Or B" then either one can draw out everything/anything any time legally. Nye |
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lvlisa2002
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What "A" should have done was to take "B" off of the bank account because no matter who contributes more to the joint account, it is still a joint account enabling either party to make as many withdrawals or deposits as they wish. What they can do is to close the account and sue in small claims court for the money owed for the employment services. |
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Stan N
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You can be sued for anything! |
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jcrichton33
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Nope you are allowed to withdraw as much money from that joint account as you want. |
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HungryHunter
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You answered your own question...both "A" and "B" having signing authority. Either can withdraw and amount of money. |
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Pipi
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i don't know if A can file period b/c it's a joint account
but your problem lies in the contract...there's no date. it should have been dated with at least a "...to be paid in full by ##/##/##..." |
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cosaxteacher
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I don't think the courts would recognize the complaint since you applied for a joint account, and in the rules it says both parties can withdraw from it at will. |
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jimmyrm_25
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OK "A", or "B", guess what, you can. It's called misappropriated fund spending. It's still a case by case basis, but if you're a rich ****, you should have your money well protected anyway. I'm too lazy to look this up, but I am a law student and I know this exists. |
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Open Admin
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You can be sued in civil court. But, you have done nothing legally wrong. However, in civil court they may find the withdrawal was excessive and spiteful and demand you return a portion and accept payments. You have a right to recover your money, but nothing stops a civil suit. Technically, he could sue you for having the wrong color hair. Try and work it out before you both pay legal fees and end up with almost nothing left. |
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spirus40
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If you both have signing authority then either A or B can withdraw all or part of the funds. I would go and get documentation from the bank that establishes B has the right to withdraw funds and present this to the judge. This should cause the dismissal of the action in and of itself. This happens many times in divorce situations and is not a criminal matter. |
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Great Gifts 4 Everyone
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If the account is set up as joint then they both have the right to withdraw and deposit. If A wanted to take everything and run B has no rights bc A is on the account its 50/50 |
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I.B.
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Maybe. I'm not sure if the law applies since A and B might be in a voluntary relationship together. Or they might be related whatever the case, am sure the law might find a solution, very interesting question. |
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2eighty8
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Nope. |
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