Legal Question in Criminal Law in Tennessee

Fraud

I was living in Florida with my exboyfriend until December 2001. At that time I moved to Tennessee. When we broke up, he let me keep one of his ATM Bank cards because he owed me aprox. $700. He asked me not to withdraw all of it at once because he couldn't afford it. Over the course of 2 months, I had withdrawn about $560 dollars. In February, he and I had gotten into a fight over the phone and he told me not to withdraw anymore money. I stopped withdrawing the money hoping he would eventually pay me the remainder of my money at a different time. A few days later, he called to tell me he had talked to his bank and told them I had taken the money without his permission. He said that the bank would reiburse him the $560 I had withdrawn over the two months if he signed papers stating it had been done without his knowledge. He said the bank would investigate the withdraws and press charges against me. I haven't heard from the bank and am wondering what I should do?


Asked on 3/12/02, 11:09 pm

1 Answer from Attorneys

Jes Beard Jes Beard, Attorney at Law

Re: Fraud

What should you do? You should start by being more careful in picking future boyfriends. :-)

More seriously, since you are in TN and it will be legal for you to do here you should talk with your boyfriend again by phone AND RECORD THE CONVERSATION (to see what the law is on recording conversations, check my website at http://jesbeard.com/16.htm ), getting him to repeat or reaffirm what he is doing. Then SAVE that tape in case you are prosecuted. It may be a while before you hear from the bank, but you could end up with a warrant issued for your arrest, meaning you could be arrested and charged at ANY time.

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Answered on 3/17/02, 4:50 pm


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