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  1. #1
    Join Date
    May 2008
    Posts
    2

    Default Spouse Bounced Checks Out of Joint Account

    My question involves criminal law for the state of: TN
    My husband ( soon to be EX husband) has written checks all over town with out my knowledge or consent. These were written on our joint checking account. Now a collection agency has tracked me me down for one of theses checks and informed me that they can press criminal charges against me because it is a joint checking account and in Tn there is a thing called community property law which means his debt is my debt. I called the Da's offic and they said that since he wrote and signed the check, criminal charges would be brought against him, not me. They did say I may could get sued. Am I responsible for his crime? I can see: the debt but I didn't write this check or sign it.

  2. #2
    Join Date
    Jan 2006
    Posts
    27,914

    Default Re: Am I Liable?

    Quote Quoting apelliott
    View Post
    My question involves criminal law for the state of: TN
    My husband ( soon to be EX husband) has written checks all over town with out my knowledge or consent. These were written on our joint checking account. Now a collection agency has tracked me me down for one of theses checks and informed me that they can press criminal charges against me because it is a joint checking account and in Tn there is a thing called community property law which means his debt is my debt. I called the Da's offic and they said that since he wrote and signed the check, criminal charges would be brought against him, not me. They did say I may could get sued. Am I responsible for his crime? I can see: the debt but I didn't write this check or sign it.
    the DA gave you an answer. Is there some reason you do not believe them? I know of nothing that would make you criminally liable for the checks based upon what you have provided.

  3. #3
    Join Date
    May 2008
    Posts
    2

    Default Re: Am I Liable?

    thanks for the reply. I guess I just want to be sure. Theses collection people are trying to bully me out of money I frankly don't have. Scare tactics I guess. I have another question. We were married in AL, lived there up until 5 months ago, and are moving back there to live and divorce. Does the TN community law apply to us? I am wondering if I will be sued for his debt. I plan on stipulating I am not responsible for his debt in our divorce. I want to attend nursing school and a criminal charge would prevent that so I am a little afraid.

  4. #4
    Join Date
    Nov 2007
    Posts
    811

    Default Re: Am I Liable?

    As a collection agent in WV, OH, KY (and some other southern states) we could turn in a bad check warrant only on the signatory of that check. We could collect against whomever owned the joint account. ...not sure about TN as I never had a bad check there, but did collect on medical debts. We were able to put a collection against both the patient and the spouse (or guardians if the child was a minor).

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