My question is for someone who works at or knows about banks.?

Question

I recently opened an account for a relative who was going to do something for me for the money. Since we didn't open a joint account I at least had her sign a slip, so that if she didn't do me the favor, I could easily get the money out. All she did was sign it. Sure enough, she told me that she changed her mind and would not do me the favor. I told her 100 times the money is for the favor and she would not get anything if she didn't do it. That day, I went to the bank and withdrew my money from her account which I felt she wanted me to do. She called me up and said no I didn't want you to do that, I want the money and she said that she went to the bank and told them. What are my rights and what should I do? I don't feel that I did anything wrong. Should I go to the bank and explain or wait till they call me?

Answer 1

if she signed the slip, and you didnt forge her name,,,,, then that makes your story more believable,,,,,, i dont think the bank will really do anything, but i personally would wait till i am contacted by them,,,,,,,,,, to me this seems like a civil matter, she would have to take you to court to get the money back,,,,, at which time you would have a chance to explain yourself,,,,the only other thing i think she could do would be to contact the police, which they would tell her to file theft/forgery charges, in which case you still would have a chance to go to court and explain yourself,,,,,and at that time, i think a criminal court would turn it over to civil court again,,,,,,
although, the whole situation sounds strange, if a relative is going to do something for you, why not have them do it, then give them the money? if a bank account was needed to accomplish the thing to be done, why not open it in your or a joint account???

Answer 2

KJA is right: we don't have enough information from you to answer this question fully. We don't know what you signed and we don't know what she signed.

It's possible that you could be charged with theft, if you took the money out without some kind of authority to do so. On the other hand, you have a claim against your relative for "breach of contract". (Although it seems that your contract is not a written one and it could be hard for you to prove.)

At this point the ball is in your relative's court. She might decide to do nothing. However, I would hold on to the money, and NOT SPEND IT for several months, just in case something does happen and you get in trouble. Then at least you will have the money to pay over to her or to the bank.

Answer 3

When in doubt, WAIT.

Do not approach the bank or volunteer information. If she reports a problem you won't be talking to the bank anyways---you'll be talking to the cops.

Am I correct in that you gave her money and she established an account in her name and signed a withdrawal slip for you? If so, did she date the slip? Were you with her when she set up the account (physically in the bank and on camera?)

Here's the thing, if she made out a slip to you (with YOUR name on it) you're good. If she signed a blank slip (no name) and you used it days later she could say you stole the slip and used it to clean out the account. If she's totally dishonest, that is.

I would lay low and see what happens. From the bank's perspective if she changed her mind about giving you access to the account she should have contacted them BEFORE the transaction.

Good luck.

Answer 4

Whose name was the account in? Who signed the paperwork from the bank to open the account? Whose Social Security Number was given to the bank? Whose money was in that account?

You didn't provide nearly enough information for us to help.

Answer 5

Honestly, never trust your relatives ... I don't even trust my parents ... she needs to get her story straight, get a notarized letter and proceed with your account situation ...

... protect your assets ... and PROTECT YOUR A.S.S.!