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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
    25,712

    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.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  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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