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  1. #1
    Join Date
    Feb 2013
    Location
    Murphysboro, Illinois, United States
    Posts
    3

    Default Money Deposited in Joint Account by Mistake by Other Account Holder

    My question involves child support in the State of IL, but the BF (biological father) lives in MN:

    The short version: A bank fraud rep emailed me stating that some funds that had been deposited into the joint checking account I have with the BF (for the purpose of paying child support and sending holiday/birthday money for the child) were intended for "other business" and was "mistakenly deposited into the account". It has been almost 2 months and I have already used the money to pay some bills and debts. I want to know what are my rights as an owner of the account, and what I should expect.

    The long version: I did not set up this account, I begrudgingly agreed to share this account with the BF. I wanted to have the BF send a check so that it was clear what was child support and what were gifts (holidays, birthdays). He refused several times and I have the emails to prove it. He has deposited strange sums into the account before and not told me what was going on- I had no reason to think there was any problem with taking out the money.

    To this day the BF has not called or emailed me to say that I should not have taken out the money, or that I should replace it. We are in the lengthy process of setting up court proceedings in IL to cement child support amounts and arrangements, but in the meantime the BF has told me to get the child support from what he deposits into this account or not at all.

    Also, the amount was a large one, enough that I thought he must be partially paying toward the back childsupport that I told him I am pursuing now that the state is involved. I don't think I should have to replace the money into the account, but I am concerned why the bank rep in fraud investigations is emailing me. Do you think I need to hire a lawyer? After speaking to a lawyer friend, he thought I had been within my rights to withdraw the money and that I shouldn't worry about paying it back. Any thoughts? Thanks so much!

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Child Support in Joint Checking Problems

    If you are actually a joint owner of the account, then you were/are within your rights to withdraw the funds.

    However, you need to (rightly) expect Dad to argue that either the funds were mistakenly deposited, or that they should be credited against any arrears.

    You're assuming, by the way, that you'll be getting retro support. Don't count those pennies until they're ordered.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,830

    Default Re: Money Deposited in Joint Account by Mistake by Other Account Holder

    Are you telling us that the bank made a mistake that it wants to correct, or are you telling us that your boyfriend told the bank that he meant to deposit the money in a different account and that they merely relayed his message to you but haven't and aren't taking any further action?

  4. #4
    Join Date
    Feb 2013
    Location
    Murphysboro, Illinois, United States
    Posts
    3

    Default Re: Money Deposited in Joint Account by Mistake by Other Account Holder

    Update: it turns out that the bank made the error and that is why the bank rep was calling and not the Biological father.

    Like I said, the BF had set up this account as a way to pay child support without using checks. The bank rep called me and said that the bank had made the error, depositing the check into a wrong account. I am still confused, though, because the statement said that it was a "customer deposit"....The bank rep said that the deposit was meant for other business and that I was not entitled to it. He then said that I would be charged with theft if I did not return the money. I asked him to send a letter so that I could bring something written to a lawyer....

    I'm getting nervous, because I don't know what to expect. The money has already been spent and I don't have that much money in my checking and savings account. Can they freeze or seize my accounts? What about my paycheck? I just want to make sure that I am handling this well, and not making things worse. The possibility that it might have been a bank error never occurred to me. The BF and I don't talk, ever, unless he forgets to pay child support. He doesn't have visitation or anything and we have no other reason to talk. Thanks so much for all of the feedback. I hope I can navigate this without too much stress.

  5. #5
    Join Date
    Sep 2012
    Posts
    1,988

    Default Re: Money Deposited in Joint Account by Mistake by Other Account Holder

    Quote Quoting NoviceInLaw
    View Post
    Update: it turns out that the bank made the error and that is why the bank rep was calling and not the Biological father.

    Like I said, the BF had set up this account as a way to pay child support without using checks. The bank rep called me and said that the bank had made the error, depositing the check into a wrong account. I am still confused, though, because the statement said that it was a "customer deposit"....The bank rep said that the deposit was meant for other business and that I was not entitled to it. He then said that I would be charged with theft if I did not return the money. I asked him to send a letter so that I could bring something written to a lawyer....

    I'm getting nervous, because I don't know what to expect. The money has already been spent and I don't have that much money in my checking and savings account. Can they freeze or seize my accounts? What about my paycheck? I just want to make sure that I am handling this well, and not making things worse. The possibility that it might have been a bank error never occurred to me. The BF and I don't talk, ever, unless he forgets to pay child support. He doesn't have visitation or anything and we have no other reason to talk. Thanks so much for all of the feedback. I hope I can navigate this without too much stress.
    you are already on the right track with this.

    you should also contact the bank directly in person to verify that who you are talking to actually works for the bank and isn't your ex's buddy.

  6. #6
    Join Date
    Feb 2013
    Location
    Murphysboro, Illinois, United States
    Posts
    3

    Default Re: Money Deposited in Joint Account by Mistake by Other Account Holder

    Thanks for the tip. I am fairly certain the contact works with the bank; I looked him up. However, he was unwilling to give me any details regarding the deposit except that it was a paper check, not electronic, and that a teller made the deposit, not the BF. I have requested any documents relating to the deposit and I will follow up with a branch near me as well. I am also looking into a lawyer to consult with so that if I have to pay the bank back, I have an advocate who can help me pay it back without putting myself at too much financial risk. I feel confident that I can handle this, but it has never happened to me before so any advice or information any of you can provide is greatly appreciated Thanks again! Also, is it weird that he gave me his cell phone number and said that if I didn't reach him at his office I should call his cell, like after hours? I thought that was kind of weird...maybe it's not.

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