Legal Question in Criminal Law in California

joint checking accounts and identity theft accusations

my ex and i had a joint bank account.we broke up and i havent used the account and opened my own.anyway,now he is accusing me of obtaining a loan in his name and putting it in the joint account.i never used any of this money,wasnt aware of it.he took the whole balance out and closed the account and submitted a police report saying i did the loan w/o his consent but the money was never touched! what should i do? i know i didnt do that...honestly.plus he waited 3 months to report this to the lender..can i be blamed?


Asked on 5/25/08, 5:05 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: joint checking accounts and identity theft accusations

As I understand the law, if the money is in your own bank account under your name, it's the same as if you had cash money in your pocket.

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Answered on 5/25/08, 7:36 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: joint checking accounts and identity theft accusations

If he is accusing you of taking out a loan in your name it should be as simple as proving that you did not sign anything to obtain the money. Unless you did sign/forged his signature, in which case you might have a bit of a problem.

If there is ongoing police investigation, your best bet is to retain counsel to intervene on your behalf and make sure that no charges are ever filed. It could save you lots of money and headache in the long run. If there is no one advocating on your behalf at this stage, the risk is that charges will be filed, even if they prove to be ultimately bogus.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 5/25/08, 8:04 pm


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