Legal Question in Banking Law in New York
I opened a joint checking account with my boyfriend in April of 2010. I'm 44 and he is 45. Over the past 5 months he has written 3 checks for CASH amounting to $1600.00. It was my money on the original deposit. He has never put in any money/deposits in this account. Only I have been putting in money/deposits. The checking account should be $3400.00 and only $1800.00 remains. His name is first on the account as we used his PO Box for the address for the checks and statements. I live out of state and I do check on line to see if he is putting any money back in and so far nothing. He says he will pay the account back but I have not seen any attempt to pay back.
My question is...is he entitled to take this money as the account is in both or names and under no legal obligation to pay it back? On the deposit slips and checks it does not say, after our names, AND or OR. Just our names. His first, then mine under his. This relationship is very rocky and I was thinking of taking him to Small Claims Court to get back my $1600.00. Do I have a legal right?
1 Answer from Attorneys
. . . . in Small Claims Court
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