Legal Question in Banking Law in Indiana

Blackmail through false discrepancy claim

A friend of mine just got rid of a real pain of a boyfriend, but the break up did not go well. He is threatening to file a suit against her for bank discrepancy. His justification? She used his bank card, and he's going to say that he didn't approve it. Which is baloney, since they had an agreement where he would pay for the car payments monthly while she paid for rent/food/other bills. Obviously, neither party had written down this agreement so it's pretty much his word vs. her word. Except he has bank statements, and he's a liar. I really don't think he's very intelligent and don't think he even understands how to file for bank discrepancy, let alone does he know what it is, but I wanted to see if she is truly in any trouble here. As far as she knows, her signature isnt on any bank slips of his either, with the exception of maybe one for twenty dollars. Every time she used his card to get money for the car payment, she withdrew from an ATM. Oh, and the car and house are all 100% in her name, his name doesn't appear anywhere. Thanks in advance for any info you guys can provide!

Asked on 6/17/05, 9:28 pm

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Blackmail through false discrepancy claim

Your friend should disregard her ex-boyfriend's ridiculous and pitifully bogus claim for "bank discrepancy," which is itself a creature of his sorry imagination. If the gentleman actually troubles himself to file a lawsuit, then your friend should file an answer, explaining the facts as you have. The judge will throw the forlorn lover's case out of court.

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Answered on 6/18/05, 6:04 am

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