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  1. #1
    Join Date
    Sep 2007
    Posts
    3

    Default Bank Deposited Check in Error, Account Drained

    Last July my boyfriend's employer purchased a vehicle for us, totaling $6413. They kept the title and we were to make payments. About a month later the vehicle was totaled and appraised by the insurance company over $11,300, including what they could get for scrap, so they needed the title. They wrote two checks. One for $6413, the loan amount, written to myself and the employer, requiring two signatures and the difference to me. I signed the loan check and gave it to my then boyfriend to bring to his boss and get the title. He instead deposited the check into my personal checking account, then withdrew/wrote checks/debited/spent all the money. His name was not on the account, but did know the PIN. When I realized what happened I filed all the necesary paper work with the bank and got a police report regarding the events. Now, over a year later, the bank has debited my account $6413.00. They are holding me responsible even though I did not take out any of the money. They now say I have to work out a payment plan with them to clear the debt. Can they do this? Especially since they should have never have taken the check without two signatures? Do I have any other options? Is there a way to place the blame where it belongs? This all happened in New Jersey. Any advice would be great. Thanks.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Bank Deposited Check in Error, Account Drained

    They're holding you responsible because (a) the money was deposited into your account, and (b) your boyfriend was able to withdraw the money because you gave him access to your account and checks. Is it reasonable to infer that you didn't press charges against him?

  3. #3
    Join Date
    Sep 2007
    Posts
    3

    Default Re: Bank Deposited Check in Error, Account Drained

    I actually thought that I did at the time. I went to the police because he also stole my car, but apparently the whole of the story was only in the report and the only charges pressed were for the stolen car. Should I press charges now? Will that clear this up? Is there anyway I can get the bank to go after him? He readily admits that he is at fault.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Bank Deposited Check in Error, Account Drained

    You can try to press charges. Whether or not the police will accept a report, or the prosecutor will act on a report, after this much time? I don't know. Either way, the bank is going to want its money - from you or from your ex.

    What was the outcome of the "car theft" prosecution?

  5. #5
    Join Date
    Sep 2007
    Posts
    3

    Default Re: Bank Deposited Check in Error, Account Drained

    He returned the car after two days. I dropped the charges, packed my things and left. I tried to make sure months ago that this was all resolved and could not get a call back. Do I have any other legal recourse? Is there any way that the bank would transfer the debt to him?

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Bank Deposited Check in Error, Account Drained

    It's your account. If you want, you can sue him.

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