Legal Question in Banking Law in Nevada

Bank of America

How can Bank of America hold me liable for an $8K access check, written by my ex-wife. I removed her from my account around 6 Aug 2008. She used an old access check for $8K towards a down payment on a new vehicle. BOA claims that since she 'used' to be on the account and I did not destroy the old checks, I am liable...??? Any help will be greatly appreciated.

Asked on 11/27/08, 2:32 pm

1 Answer from Attorneys

Warren Markowitz Warren R. Markowitz, Esq

Re: Bank of America

Was your wife listed on the Access Check?

If your wife's name was on the access check, and you failed to destroy them after she was removed from the account, you inaction may be viewed as an endorsement to allow her to use the account.

When was the check written? Was she on the account when the activity took place?

If you are still in the middle of divorce proceedings, you can hold her responsible for the check and recover from her that way. In the event that your divorce has been finalized, then you will need to go after her through civil court. You can also speak with a local city attorney and discuss pressing charges against her for fraud and or theft, as she was more than likely aware that she no longer had authority to access the account.

BOA will likely going to hold you responsible because of your inactions and or failure to destroy the authorizing documents.

Good luck.

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Answered on 11/28/08, 3:31 pm

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