signed anything (he wasn't aware of this), and now she stopped making the payments. I do have an account in the same bank, and Im worried they take my money out to pay my husband's ex-wife account...Could they do this???
Can they take my money out even though my husband is not in my account? we are legally married and they were not, and my address is the same she used in the joint account.
2007-09-15 14:46:44 · 17 answers · asked by Laila. McCarthy 2 in Family & Relationships ➔ Marriage & Divorce
First - I work in a bank so I know where I speak.
Secondly - A bank would not open an account with his name on it if he didn't sign on the account. He had to sign on the signature card or he co-signed a loan. A reputable bank would not have done it otherwise. If she applied for a loan, he either signed as well or she forged his signature. If she forged the signature - he should contact the police and file a report. Then notify the bank. If there is a "fraud" issue associated with it - they will be more inclined to work with you/him.
Now - if he didn't sign a signature card or co-sign a loan - then all he needs to do is contact the bank (in person) and let them know that the account has been set up incorrectly. They will change it.
Third - if he did sign (either) there is probably something in the "terms and conditions" that states if he has other accounts with that same institution, he is authorizing them to debit those other accounts for monies owed to the first account. (It is a standard agreement.)
However, if he is not on any of your accounts - (signer, co-signer, authorized user of a credit card, etc.) then the bank will not debit your account to pay his debt (or hers).
Think of it this way - the bank doesn't know that you are married - there's no proof or evidence that you are together.
If she used your address on her account - you can do a few things - 1) call the bank and tell them her correct address, 2) return all mail she receives at your address as "return to sender, not at this address" 3) Notify the post office that she is using your address which is not hers.
Either way, it's time for a sit-down with your husband and her. Something isn't right about this whole thing.
2007-09-15 15:03:14 · answer #1 · answered by Wendy 3 · 0⤊ 0⤋
Go to the bank and be very up front with them about what you know of what the ex-wife did and that you have a separate account. Explain to them that you live in the home that your husband and this woman used to live in (if that's true). If your husband did not sign, and they aren't married, I don't believe there is much they can do. If she doesn't live at that address and put information that she did and was currently married to your husband, she is committing fraud. If they tried to take money out of your account, I would call the police
2007-09-15 14:59:30 · answer #2 · answered by Simmi 7 · 0⤊ 0⤋
I would go to the Check Sq at the Police Dept and talk with a detective about this and make a report so they can get copies of all the needed paperwork. They can check the signature cards on file at the bank against your husband's signature to see if she forged his signature on the card and once they get the evidence together, they can file charges against her.
If your husband's name isn't on your account at that bank, I don't think the bank can take any money from it but I'm not sure. You and your husband need to make an appointment and go in with your ID and marriage license and talk with the manager at the bank and explain what has happened and let them advise you. I would do that AFTER I make the police report and talk with the detective and give them the name of the detective in charge of the case.
Get a copy of any and all paperwork you can for your own files, including the police report. You can go to the Records Section at the PD to get a copy of the report.
Good luck ~ hope you can this resolved soon.
2007-09-15 15:03:24 · answer #3 · answered by KittyKat 6 · 0⤊ 0⤋
Depending where you are (Country wise) as far as I know, in WA- Australia - this can not be done. To open a joint account you need both peoples permission, and I think signeture too (but I'm not 100% sure).
As for the taking payments out of your account, have a look at your next statement that yuou receive and see if there's any un-explained withdrawls or transfer fees. If your really worried you can go to the bank and speak to them face to face.
2007-09-15 15:03:00 · answer #4 · answered by Angel 2 · 0⤊ 0⤋
Call the bank and talk to the manager...just to be on the safe side. Mistakes happen all the time. How can she get an account jointly without his signature.....every bank has to have the second party come in and sign a verification form.
2007-09-15 15:01:07 · answer #5 · answered by Lisa W 5 · 0⤊ 0⤋
She cannot open a joint account without his signature. If he did not sign the authorization card, BOTH, you and your husband should go to the bank immediately and set them straight. She may be trying to set you up, too
2007-09-15 18:32:53 · answer #6 · answered by Bill P 5 · 0⤊ 0⤋
He's best get his lawyer to write to the bank advising them that this account was fraudulently opened in joint names without his knowledge. Since he was never legally married to the ex, he has no legal responsibility for her debts.
2007-09-15 15:39:53 · answer #7 · answered by cautious 3 · 0⤊ 0⤋
Close your account and put it in a different bank. I dont think she can legally open an account with his name on it but to be safe change banks.
2007-09-15 14:53:26 · answer #8 · answered by Dovahkiin 7 · 0⤊ 0⤋
It's fraud. She opened an account by fraudulent means and you should notify the bank as well as the police. You don't want this bad mark on your husband's credit.
2007-09-15 14:54:31 · answer #9 · answered by Zyggy 7 · 0⤊ 1⤋
my ex took money out of my account to pay her credit cards, i had to put a stop payment to Bank of America and now i have to pay my bills with them through the regular mail......
2007-09-15 14:52:46 · answer #10 · answered by nfgatcer 2 · 0⤊ 0⤋