Legal Question in Banking Law in California

Fraud with a joint account

My ex-boyfriend and I had a joint account together. He deposited empty envelopes and received the money. This all happened on the day I broke up with him. The bank says I owe $2000.00, because I was the primary on the account. It was his bank card used and they have him on camera. Now I can't get a checking account until I pay it back. Is there anything I can do.


Asked on 4/07/03, 8:08 pm

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Fraud with a joint account

from the facts given, if you and your ex had a joint bank accout, this simply means you both share the responsiblity equally on what is owed the bank, regardless of whomever withdraws money...this is called joint and severable liability and the bank can come after one and/or both of you without making legal distinction as to whom did the actual withdrawals. however, you do have recourse against your ex if his conduct was indeed fraudulent here. you would even be entitled to punitive damages, attorney fees, court costs, etc..on top of the $2000 in compensatory damages in this scenario. if you would like further legal assistance and/or representation, email me more specifics today.

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Answered on 4/08/03, 1:27 pm


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