Legal Question in Credit and Debt Law in Florida

Is this stealing

To whom it may concern,

My question is if some one and you share an account together but this person has never put in any money in ths account and this person withdrawl money that was not in the account and now you most pay the bank fees of the withdrawl taken. This person that you share the account with is not going to pay for the fees of the overdrafts in this account what is it that you can do? Can you take this to smll claims court?


Asked on 11/10/99, 11:26 am

1 Answer from Attorneys

William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Jt. Bk. Acct. Liability/Responsibility

Q. If you share an account and only one deposits money in the account and other person withdraws it all and overdrafts account and requires me to pay the bank withdrawl taken; what is it that you can do? Can you take this to small claims court?

A. Learn from you mistake and close this acct. or drop the other person from the acct. It would likely be a waste of time to go to court. You created a partnership when you opened the account and both are liable to the Bank. You could sue for an accounting from your partner but it doesn't sound like you would be able to collect anything. Get on with your life and learn from you bad judgment.

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Answered on 11/17/99, 10:12 am


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