"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 adavance for the help!
2006-06-26 10:24:37 · 9 answers · asked by CarolineSimmons 2 in Politics & Government ➔ Law & Ethics
Any funds held in a joint account are legally available to both parties on the account. If the money goes in your account, even if it is your partner's paycheck, it is still considered to belong to both of you. This is why some people are so wary of opening joint accounts....because if one person gets upset with the other, they can take ALL the money in the account. If you really wanted to, you could take the whole $15,000 with no repercussions.
The case law will vary from state to state. You will need to do some research at your public library or on the internet for your particular state.
2006-06-26 10:30:01 · answer #1 · answered by Ashley 5 · 0⤊ 0⤋
No, this is not a criminal act. There may be support for a civil case here, but there is no criminality because the account is a joint account. The fact A owes B money does not change the nature of their bank account. If A did not want B to have access to the $15k, they should have opened their own separate bank account. This could simply have been an instance of the left hand not knowing what the right hand is doing.
Criminality is only ever proven through intent when a law is broken.
2006-06-26 10:58:46 · answer #2 · answered by Me in Canada eh 5 · 0⤊ 0⤋
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.
2016-03-27 05:08:50 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Legally, any money kept in a joint account belongs equally to both signers on the account. That is the reason why when one person on a joint account writes a bad check, both can be prosecuted. Any money in an account that includes your name is yours as much as the other person's
2006-06-26 10:47:54 · answer #4 · answered by ktina5672 1 · 0⤊ 0⤋
By definition money deposited into a joint account belongs to both of the people authorized to use it.
2006-06-26 10:29:08 · answer #5 · answered by James 7 · 0⤊ 0⤋
Joint account? It was yours to begin with. If one cleans it out without the knowledge or consent of the other, I don think that there is anything that can be done since it was a JOINT account.
2006-06-26 11:49:10 · answer #6 · answered by Simplystunning 4 · 1⤊ 0⤋
You cannot be sued criminally. Criminal charges are brought by a district attorney and one is found guilty or not guilt. A lawsuit can be brought by anyone authorized to practice law and one is found liable or not liable. A finding of liability in a civil court is not equivalent to a finding of guilt in a criminal one.
2006-06-26 11:24:15 · answer #7 · answered by lcraesharbor 7 · 0⤊ 0⤋
I agree. Criminal charges are likely unavailable. However, there is probably a good argument that the parties stand as fiduciaries toward each other. One can sue for breach of fiduciary duty.
2006-06-27 11:01:19 · answer #8 · answered by Anonymous · 0⤊ 0⤋
boy are you stupid
2006-06-26 10:41:23 · answer #9 · answered by stone cold 4 · 0⤊ 0⤋