Money Issue?

Question

If a soldier has sent checks to his girlfriend (now ex) whom he made it so she would able to cash them in and by their agreement place into a secondary account, his but under her name. But now since they have broken up she wouldn't give back any money that the military gave the soldier, and being on temporary leave from Iraq, what options does he have? What can he do?

Answer 1

Hey, if you give someone money and let them put it into an account in their name... its THEIR money.

The Military can do nothing at all about that.

There may be a claim of breach of contract in civil court but it is probably a very weak claim. What proof does the Soldier have of the agreement?

Good luck, but this is what is commonly called a stupid tax.

Answer 2

Let me be sure I understand...you arranged it so your girlfriend (now ex) could cash your military checks and then deposit them into an account that only had her name on them? Now the relationship is over and she won't give the money back? You can consult base legal to see what actions you can take in civil court (which you will have to pay to file as well as any lawyer fees as military lawyers do not handle civil matters) but this is what most of us would call a "life lesson". I agree it is horribly unfair, and definitely wrong, but there is no recourse from the military standpoint as you gave her permission to cash the checks and did not take the precaution of putting your name on the account as well.

Answer 3

strictly a civilian court matter. he gave her the money, unless there was a written contract along with specifying exactly what that money was for, he is out of luck. He'd have to bring her to small claims court to get anything back.. and that would be eaten up by court costs.

if the account is in her name alone, then it is HER money according to the banks and he has zero claim on it.

Lesson Learned: never trust money to a mere Girlfriend.

Answer 4

That was really, really foolish. There is no need, in these days of reliable mail and on-line banking for a soldier to do this. Checks can be mailed directly to a person's bank account.

It is her word against his that the money was intended for him not her. This is an expensive lesson.

Answer 5

If you gave her power of attorney or sent checks to her in her name and the account is in her name, there really is nothing you can do.

I would pull POA right away and change your bank account.

I would also check with legal. But someone in our FRG just went through this and he was screwed.

Good luck

Answer 6

unless he has it in writing he may well have to kiss it good bye BUT take a wander over to the legal office and see what they have to say.............if secondary account has his name on it he would be able to get at least half of it BUT if she is such a ***** as it sounds to rip off a guy I would not count on any money being in that account for him to have half of ???

And if you are the girl shame on you if you are the military member good grief man did your mum tell you to NEVER do stuff like this ??? I know I sure as sh*t told my son

regards

Answer 7

Thats a tough one! Maybe he should go to the legal office (if there is a base nearby where he is on leave). That is terrible...that girl should repay all of the money (unless she used it to pay his bills for him or something), but I doubt that's the situation here huh? Best of luck!

Answer 8

None. It sounds from your phrasing of the question that she had a limited power of attorney to receive and dispose of his pay. If that is the case, he signed away his rights to that money. So, he has no recourse.

Answer 9

If you don't have that agreement in writing to support your claim that the money in her account (it's in her name) belongs to you, there isn't much you can do. You could try small claims court, but it's he said/she said...

Answer 10

There's one born every minute!